As New Jersey and Pennsylvania Depuy hip recall attorneys, we have been posting various bits of information regarding the Depuy hip recall and its effect on recipients of the implant. We hope these posts have been helpful to not only patients who have experienced implant failure, but to all Depuy hip recall patients, regardless of whether or not they have experienced pain or symptoms associated with the DePuy hip implant failure.
Did the FDA Have Anything to Do With the Recall?
Recently a Depuy hip implant patient asked us, “What does the federal government have to say about the Depuy hip implant recall?” As many know, medical devices, such as artificial hips, prosthesis, knee joint replacements, and other implants, are supposed to be regulated by the Food and Drug administration (FDA). According to its website, the FDA is charged with responsibility for:
“protecting the public health by assuring the safety, efficacy and security of human and veterinary drugs, biological products, medical devices, our nation’s food supply, cosmetics, and products that emit radiation.”
Despite this responsibility, the FDA has not done much regarding the recall since July 17, 2010, the date they posted information on specific recalled devices. The recall contained DePuy technical data that listed all of the various sized component parts of the DePuy ASR hip replacement system. As for the reason for the recall, the FDA quoted Depuy, stating that the recall was caused by “notification to clinicians of new revision rate data/information regarding use of the device.” What does that mean? It means that DePuy and the FDA were receiving complaints that the hip implant was failing at an alarming rate, causing the necessity for revision surgeries to rise to a new and unacceptable level. These complaints started coming in shortly after DePuy was granted approval to market their device in the United States in 2003.
DePuy Hip Recall Attorneys in New Jersey and Philadelphia
Unfortunately, the FDA has not provided any additional information to patients about what to do next. In fact, the FDA website refers all inquiries back to Depuy’s home office in Indiana. As New Jersey Depuy hip recall attorneys, we urge the FDA to be more diligent in its reporting of consumer complaints regarding medical devices. The device was approved for use in 2003, and was on the market for 7 years before it was finally recalled. Had the complaints been investigated sooner, perhaps surgeons and potential Depuy hip implant patients would have thought twice about using this defective hip replacement product.
If you are the recipient of a DePuy ASR XL Acetabular hip implant system, or an ASR XL Hip Resurfacing System, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia. Our defective product attorneys are skilled in earning full and fair compensation for victims of negligent and defective manufacturing.
Today we are reporting about the South Jersey Health Care Center located in Camden, New Jersey. This is a nursing home that has 120 long term care patient beds. In a two year period, from November 2008 until October 2010, this nursing home was inspected on two separate occasions. During those inspections, the nursing home was cited for 16 separate violations. These violations included failure to meet proper safety code standards, lack of proper housekeeping and maintenance services, and food and nutritional issues. Many of the violations were found to occur often, and at least one of the violations was considered immediate jeopardy to residents’ health and safety.
Whistleblower and qui tam claims do essentially the same thing; they allow employees to file lawsuits against their employers for fraud or other illegal practices. Many times, especially in the healthcare industry, companies engage in fraudulent advertising to increase popularity of a product. Pharmaceutical companies are largely guilty of committing this type of fraud. Creating false or untested uses for a certain drug, or offering physicians large amounts of money (kickbacks) to recommend and prescribe certain drugs is very much illegal, and equally as dangerous.
Today, we are reporting on the Stratford Nursing & Convalescent Center located in Stratford, New Jersey. The latest published report shows all of the violations found during the routine inspections for the two year period between November 2008 and October 2010. The Stratford Nursing & Convalescent Center had 33 cited nursing home violations on the two combined inspection dates. The facility’s citations included safety code violations, life safety code standard violations, and others related to abuse and neglect. The level of violations were mainly rated as being pattern or widespread violations, with at least four considered to cause immediate jeopardy to the residents health or safety. Stratford’s ratings are a sure cause for concern, and it is quite clear that immediate corrective action needs to be taken. The facility’s noncompliance with one or more standards has caused, or is likely to cause, serious injury, harm, impairment, or death to a patient or resident. 
White House aides have provided that President Obama is strongly opposed to placing caps on damages for injured patients, but would be open to utilizing other avenues of resolution, such as “health courts” or special arbitration systems. 
It is important that nursing home staff be fully trained in how to deal with the special needs of nursing home patients so that physical abuse does not occur. It is also important that a patient’s family be aware of the signs of abuse. Some of the more obvious signs are bruising, cuts, unexplained marks, broken bones, and a variety of injuries in various stages of healing. It is also important to listen to the patient. A resident’s report of violent behavior, such as being hit or mistreated, must be investigated. Sometimes, a nursing home patient’s sudden change in behavior can be a sign of nursing home abuse or neglect and should absolutely be investigated. 
As medical malpractice lawyers, we find that those who accuse medical malpractice claims of being frivolous do not understand the extent of the damage done to people’s lives when negligent doctors make irreversible mistakes. Tort reform would only serve to harm those who are already victims of their health system, and reduce liability for those companies that, by merit of their missions, should be working for their consumers, not against them. 
One way to prevent bed sores from forming is to have a staff that is properly educated. Educational programs about bed sore and pressure ulcer prevention should be made mandatory for all levels of health care providers. They should also be made available for patient families so that they can make sure nursing home staff members are giving their loved ones the care they need and deserve. Patients who have the appropriate mental capacity should also be given instructions so that they can be advocates for their own proper care. 
As New Jersey and Philadelphia DePuy hip recall lawyers, we are telling our clients that they should give their own orthopaedic surgeon the benefit of the doubt and listen to what the surgeon has to say about their options. Of course, we are also recommending that all patients get a second, independent medical opinion from another orthopaedic surgeon regarding the nature and extent of their current condition, whether or not they have