DePuy Hip Recall Leads to Centralized Litigation
Federal DePuy ASR hip litigation is being centralized in a court in Ohio, but DePuy hip lawsuits filed in New Jersey will be taking a different route. They will be centralized in the Bergen Country Superior Court and will be coordinated with federal litigation, which will not only help to speed the legal process but will simplify litigation for plaintiffs and defendants alike. New Jersey is a hotspot for DePuy litigation because DePuy Orthopedics is owned by Johnson & Johnson, whose headquarters is in New Brunswick, New Jersey.
DePuy Orthopedics is based in Warsaw, Indiana, which contributes to the possibility that plaintiffs who have filed suits in Indiana might be consolidated in the New Jersey litigation. New Jersey, Ohio, Indiana, and California are the major locations for DePuy litigation – California plays a role because two major DePuy ASR engineers currently reside there.
Information has not yet been released regarding how many DePuy ASR lawsuits have been consolidated in New Jersey, although the number could be significant – the number of people affected by DePuy hip complications continues to grow. The ASR and ASR XL systems were recalled last August due to the unprecedented number of patients who were experiencing complications and failures related to the metal-on-metal device. One side effect was metal poisoning, which occurred when the metal-on-metal component grated against itself, shredding metallic particles into surrounding tissues and the patient’s bloodstream.
37,000 devices were in circulation in America at the time of the DePuy hip recall, with 90,000 devices in circulation worldwide. It is unclear how many of these devices were already implanted in patients at the time of the recall. The New Jersey lawsuit is being overseen by Judge Brian R. Martinotti in Bergen County, New Jersey, where plaintiffs and defendants will meet for monthly status conferences that will deal with issues such as bellwether trial scheduling and coordination with cases in federal courts.
3:58 pm |
June 6 2011
DePuy Hip Metallosis Challenges Patients
Joint implants from various orthopedics companies across the country have been recalled and mired in controversy over the past few months due to side effects and product faults that are seemingly plaguing the orthopedic industry. The DePuy ASR and Pinnacle systems both put patients at risk for a number of side effects, including ones that could necessitate a painful and risky procedure called DePuy revision surgery. However, one side effect many patients are worried about is metal poisoning, or metallosis.
Because both the ASR and Pinnacle devices are metal-on-metal joint replacement systems, with the ASR formed as a monoblock or single piece device and the Pinnacle as a modular system with different inserts that change the bearing surface in the Acetabular cup, the metal components can grate against each other and cause metal debris and particles to flake off and enter the soft tissue around the implant or even a patient’s bloodstream. Both devices are made of cobalt chromium alloy, a metal which, in high doses, could cause DePuy metal poisoning, a very serious condition. Although many metals are found naturally in the human body and are necessary for proper body function, extremely high levels of certain metals can cause metal poisoning and put a patient at risk.
Metallosis occurs when debris from an implant device breaks off and is found in the soft tissue surrounding the implant site. This condition can case swelling and pain and a mass or pseudo tumor could form. Metallosis differs slightly from traditional metal poisoning because the symptoms are mediated by the immune system rather than metal ions that displace essential minerals in the body. Metallosis is still a form of metal poisoning, however.
Based on the number of side effects that some patients are experiencing, it is no surprise that they would be considering legal action against Johnson & Johnson subsidiary DePuy. Victims to DePuy hip replacement failure are highly advised to consult with an experienced DePuy lawyer immediately.
5:00 pm |
June 2 2011
DePuy Pinnacle Hip Lawsuits: Consolidation Update
Pinnacle hip litigation has been consolidated in one court for pretrial proceedings
according to one plaintiff’s request for litigation consolidation. There are
several DePuy lawsuits related to DePuy Orthopedics’ Pinnacle hip replacement device
that contain similar complaints regarding the device, and DePuy agreed
mid-April to allow the consolidation of these similar cases into a multidistrict
Multidistrict litigation is similar to class action because it combines aspects of similar
cases to help speed up the litigation process. However, it is different in that
it only consolidated pretrial processes in these cases, and after pretrial
processes are completed it is possible that cases will be sent back to the
courts from which they originated for the remainder of the legal process.
In DePuy Pinnacle cases, most plaintiffs are complaining of metallosis or Depuy metal
poisoning, which occurs in Pinnacle devices when the metal-on-metal aspect of
the device rubs against itself, shedding metal particles into the bloodstream
of a patient. This can cause pain, swelling, infection, tumors, and problems
with the hip replacement system, which can lead to a need for revision surgery,
a second procedure that would help fix pro blems associated with a faulty
implant. Revision surgery is often more painful and riskier than initial joint
replacement surgeries in many patients.
The DePuy Pinnacle multidistrict litigation proceedings will be centralized in a
United States District Court. Either the Central District of California or the
Southern District of Texas will host the proceedings if the plaintiffs have
their way, but DePuy is arguing for a different venue – the orthopedics giant
is pushing for litigation to take place in the Northern District of Texas.
The Pinnacle case continues to grow, so this case could be a pivotal one. Nearly 40
Pinnacle patients have filed suit across the country and may be included in the
newly created multidistrict litigation case. Victims are advised to contact an experienced DePuy lawyer.
2:49 pm |
June 1 2011
DePuy Hip Recall Update: Senate Investigates FDA Approval Process
In response to last year’s DePuy hip recall and other recent medical device problems, a US Senate committee held a special hearing on Wednesday, April 13, 2011 to investigate the FDA approval…
11:47 pm |
April 14 2011
Another DePuy Hip Lawsuit: DePuy Pinnacle Claims May Join MDL
In the wake of one of the largest orthopedic device recalls in decades, DePuy may have another courtroom drama on its hands.
On March 25, a woman who received a DePuy Pinnacle hip…
11:43 am |
April 8 2011
DePuy Hip Recall MDL Proceedings
With so many lawsuit filings and individuals seeking swift DePuy hip recall settlements, federal cases were recently consolidated into multidistrict litigation. DePuy multidistrict litigation…
6:28 am |
April 5 2011
More DePuy Hip Recall Lawsuits: New Filings in Texas and Florida
Lawsuits continue to pour into US courts as news of the worldwide recall spreads and as DePuy hip complications strike even more victims across the country.
DePuy Hip recall heralds massive…
12:46 am |
April 1 2011
Qualifying DePuy Hip Patients
The DePuy ASR XL Acetabular System and DePuy ASR Hip Resurfacing System hip replacement systems were voluntarily recalled by Johnson & Johnson in August 2010 due to high failure rates…
4:55 am |
March 30 2011
First DePuy Hip Lawsuit Filed in Connecticut
The DePuy hip recall is affecting patients not only across the nation, but across the world. And the negative effects of the allegedly defective design of DePuy’s ASR Acetabular System have…
2:54 pm |
March 24 2011
Who Can File a DePuy Hip Lawsuit?
Any one of the 37,000 US recipients of the DePuy ASR hip implant is eligible to file a DePuy hip lawsuit.
Judge David Katz of Toledo, Ohio will be presiding over the consolidated DePuy hip lawsuits. Pretrial proceedings are currently underway.
Individuals who have not yet filed a DePuy hip lawsuit can still join in the multidistrict litigation (MDL). The first step is to have your case evaluated by an experienced lawyer to determine the process by which you can get your suit filed in federal court. Judge Katz has also indicated that some suits filed in state court (depending on which state) can also join the multidistrict litigation (MDL).
The ASR is the specific DePuy hip implant that is being cited in the DePuy hip lawsuits. The design of the ASR is metal-on-metal. It’s a full hip implant system and it has been used for over 90,000 hip replacement surgeries throughout the world since 2005 when it was first introduced onto the market. The DePuy ASR hip generated its first public complaints as far back as 2008. But the recall did not take place until 2010 (August). The recall followed a study indicating excessively high failure rates: 12 to 13% of recipients required a revision surgery within 5 years. More recent studies have indicated even higher failure rates than those indicated by the initial research.
Typically this type of device lasts 15+ years. DePuy ASR hip implant recipients were advices that their revolutionary new hip would last from 15 to 20 years. This makes the failure rate of 5 years or less a massive miscalculation.
In cases in which the hip recipient is no longer living the next of kin is eligible to file a DePuy hip lawsuit and receive compensatory damages for those expenses related to the care of the DePuy ASR recipient.
The statutes of limitations that sometimes limits when plaintiffs can file this type of suit do not yet affect the filing of a DePuy hip lawsuit. (Most states limit the filing to a period of 2 to 3 years after discover of the wrongdoing).
What if There are No DePuy Hip Complications Evident?
In some cases individuals who received the ASR DePuy hip implant may not be experiencing any complications. Due to the damaging nature of the complications and the statute of limitations these individuals are urged to consult their physician about the recalled implant. If revision surgery is required they should be sure to determine the state of the implant (if it is intact and functioning when removed). Individuals may be experiencing the early stages of metallosis without even being aware that there is a problem.
The Ohio courts’ DePuy MDL are currently handling 200 cases. Experts in this type of litigation expect the number of cases to increase into the thousands. It is also expected that each and every plaintiff will be awarded millions in damages.
2:29 pm |
March 24 2011