What makes DePuy’s recall different than other recalls? Many people have questions regarding DePuy Orthopaedics’ August 2010 recall of the ASR XL Acetabular Hip Replacement System. If you are not one of the 93,000 patients affected by the DePuy hip implant recall , you may ask, “what’s the big deal?”
DePuy Hip Recall Lawyers Explain DePuy Recall
There are product recalls every day and rarely do these recalls spark lawsuits. But the DePuy recall is expected to result in thousands and thousands of lawsuits. What is the difference? The difference is that the recall is on a device that has already been fully implanted into 93,000 patients and medical research is showing that this implant can cause continual and future harm to those patients. Recalling a defective product such as a toaster, a child’s toy or even an automobile, is a much different circumstance. Unlike DePuy, those products can simply be recalled and the customer can get their money back.
However, with a defective hip, reimbursing the customer is simply not enough.
DePuy Hip Recall Lawyers Want Full Compensation for their Clients
The medical research is showing that these hip implants need to be removed much sooner than traditional hip implants. In addition, because these recalled hips are shedding chromium and cobalt metals into the bloodstream, research suggests that these patients will have significant inflammation and injuries to surrounding tissues and structures. Who knows what long-term damage this metal will have on these patients. Finally, these chromium and cobalt metals are circulating with the patient’s bloodstream. Again, who knows what damage these metals will have on a patient’s circulatory system, the heart or the brain.
That’s why this hip recall is a serious medical problem for DePuy and for the 93,000 patients who have a DePuy. These claims should not be taken lightly. That’s why, as a DePuy hip recall lawyer, we believe it is very important that any person who has had a DePuy hip implant that is the subject of the recall should immediately consult with an attorney to find out all of their rights. Prompt treatment and medical care is essential to avoid any other longer-term problems associated with the DePuy hip recall. And without the help of a DePuy hip recall lawyer, you will not receive the full and fair compensation you are entitled to.
DePuy Hip Recall Lawyers in New Jersey and Philadelphia
If you or a loved one are the recipent of a defective DePuy hip implant, contact the Mininno Law Office for a free case evaluation. Our DePuy hip recall lawyers will work hard to fight for your right to full, fair, and necessary compensation.
You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Let the Mininno Law Office team earn you the compensation you need and deserve.
The proposed legislation would deem doctors treating medicare patients “agents of the state,” awarding the same damage capping immunity that all Florida state employees get. But a cap that only affects the recoveries of Medicare insured patients is unconstitutional, as it makes them lesser persons, unworthy of the same compensation as those that can afford healthcare. Medical malpractice attorneys have long been against limiting liability, as it allows doctors to only answer for a portion of their negligence. And if a cap on medicare insured patients is approved, who is to say what kind of an effect that will have on the care they receive throughout the state. It certainly opens up a potential for medicare patients to begin receiving subpar care due to the limited liablity doctors will face.
In the Johnson & Johnson subsidary’s first press release, which was sent out on August 26, 2010, they boasted that they would cover “reasonable and customary costs of monitoring and treatment for services.” This was their first “offer” of compensation. This vague statement really meant nothing. DePuy refused to even acknowledge whether or not they would cover lost wages, medical expenses, or any other of the typical compensatory damages that defective product makers are required to pay to makeup for the harm they cause to their patients. In this case, if you are one of the 93,000 DePuy ASR hip implant patients and your hip implant has failed, or you are concerned about metal poisoning your system, you will likely need a second hip implant surgery. 
Haley Cobb was diagnosed with cerebral palsy shortly after her vaginal birth. Upon further investigation, it was determined that the doctor, Dr. Tara Shipman, should have performed a c-section. Failure to do so caused oxygen deprivation to Haley’s brain, and led to cerebral palsy. A 15 day trial in October won Haley’s parents, Okey and Debra Cobb, $13.9 million dollars. Also enforced was a $6.5 million dollar settlement the Cobb’s reached with other parties pre-suit. All in all, the Cobbs will receive $20.4 million for the lifetime of care and special medical necessities for their daughter, Haley.
As a DePuy recall lawyer, we tell our clients that it means nothing. Why? Because before any claims for compensation are considered, DePuy, who admittedly designed, manufactured, and sold for profit a defective hip implant to 93,000 patients, is requiring those patients to first pay for their medical expenses upfront. That’s right, if your hip implant has failed, and you need treatment or surgery, you first have to send your bills to your own health insurance company and, if you don’t have private insurance, Medicaid or Medicare. DePuy will only then consider a claim for reimbursement for any out of-pocket expenses and deductibles that are not being covered by your health insurance, Medicaid, or Medicare.
As nursing home abuse lawyers, we typically will not be called in to investigate a nursing home abuse case involving a patient with Stage I ulcer as these bedsores, if treated promptly and correctly, rarely cause a nursing home patient to needlessly suffer. However, a Stage I pressure ulcer or bedsore is medically significant. Nursing home staff and medical personnel must be trained to carefully assess and identify any nursing home patient who has a potential Stage I bedsore or pressure ulcer. Although prevention is the best medicine for a bedsore or pressure ulcer, if a nursing home fails to prevent a bedsore or pressure ulcer, the next best step is early detection.
Many times the characteristics of the condition depend on the severity of the child’s muscle limitations and what parts of the brain’s cognitive functions are affected. For example, spastic cerebral palsy is the most common diagnosis. Athetoid dyskinetic is the second most common form of Cerebral Palsy afflicting children. Many times, these conditions are not immediately noticed at birth, but sometime after the child begins to develop. These are congenital birth injuries because these types of CP typically develop in utero. However, if a child has this type of birth injury, it does not necessarily mean that it was caused by medical error or a negligent doctor. These types of birth injuries can, and many times do, happen in the absences of medical negligence. A New Jersey birth injury lawyer will need to carefully review all of the medical records to help determine if this type of brain injury was or was not caused by medical malpractice. 
Dr. Richard Glunk recently lost his appeal of a $20.5 million dollar 
Chromium and Cobalt. These metals are not found in your local vitamin store: Chromium is a chemical element found on the periodic table under atomic number 24. It is used to make stainless steel and all of the shiny parts called “chrome” on automobiles.
Similarly, Cobalt is also a chemical element found on the periodic table under atomic number 27. Since ancient times, it has been used as a blue pigment to tint glass, jewelry, and furniture.