SETTLEMENTS COULD COST J&J AND ZIMMER $5 BILL

Forbes recently reported that the settlements related to the failing all-metal hip implants, which were implanted in nearly 500,000 patients, could reach close to $5 billion. Forbe's settlement estimate is based upon the assumption that, "the average cost to settle each all-metal hip replacement claim will be $169,000 [and] that the manufacturers will end up settling 30,000 claims."

OVER $80 MILLION PAID BY DEPUY AD ALLEGED KICKBACKS TO DOCTORS

DePuy Orthopedics has reportedly paid doctors and surgeons over $80 million in kickbacks for promoting DePuy devices. DePuy discloses doctor payments on the DePuy website and claims the payments are for consulting, research, or royalty payments. In 2007, the U.S. Department of Justice filed a criminal complaint against DePuy, alleging improper kickbacks made to doctors for promoting DePuy products. DePuy paid a substantial fine and agreed to pay physicians only for appropriate and legitimate services.
 

UPDATE: DePuy Hip Lawsuits Transferred to Northern District of Ohio for National Coordination

December 3, 2010: A seven-judge Judicial Panel on MultiDistrict Litigation today transferred the Depuy Hip Replacement Litigation to Judge David A. Katz of the Northern District of Ohio. As you know, the Litigation involves the recall of ASR Hip Implant Devices manufactured by Depuy Orthopedics Inc., a subsidiary of Johnson & Johnson. The hip devices were recalled after a National Joint Registry revealed that one in every eight people with these hip devices required a follow-up revision surgery. Close to 93,000 people have received the Depuy hip prosthesis.

Following the August 2010 hip recall, our office filed the first lawsuit in the United States. Recognizing the need to expedite this large case involving thousands of injured parties, our offices initiated the Motion to Transfer and coordinate the Depuy hip cases to streamline the process to the benefit of our clients. The granting of our Motion is a very significant and positive development that we are pleased to share with you.

We expect the transferee judge will very soon set a hearing for an initial status conference in the coordinated action.

 

A recent CBS Investigative Report found that a "majority of medical implants are not [sufficiently] tested" before they are implanted. In fact, many devices are allowed onto the consumer market after some minimal testing, routine paperwork, and a paid fee of about $4,000 to the Food and Drug Administration (FDA).

One of the products streamlined by the "fast-tracked" FDA approval process : metal-on-metal hip implants. According to the report, these metal-on-metal hip implants were one of many medical products approved after minimal clinical trials, then tested on unsuspecting patients before health risks were known. Michael Carome, deputy director of the patient advocacy organization, Public Citizen's Health Research Group, said in a statement that, "This is one very large uncontrolled experiment exposing millions of patients to an unknown risk."

Over 90,000 patients were given a metal-on-metal hip before further research showed a failure rate of nearly 50% and possible side effects of metal chaffing, permanent nerve and muscle damage, and pain and swelling. The CBS report went even further, stating that, "The investigation into the implants found that chromium and cobalt ions from this type of artificial hip can seep into the surrounding tissue to destroy muscle and bone and spread to the lymph nodes, spleen, liver and kidneys, potentially causing damage. The researchers were also concerned the ions could affect a person's chromosomes, resulting in genetic changes." One study even found a "threefold risk of lymphoma and leukemia 10 years after joint replacement."

According to the report, potentially millions may be affected by the dangerous levels of toxins that have seeped into the body through these metal-on-metal implants. The report also revealed that manufacturers knew of their products "possible toxicity from implants in 2005" and continued to market these products unabated. 

 
Free Case Review
If you or a loved one received a recalled hip device please feel free to call our case coordinator Jessica at
1-866-875-2262 or complete our free claim form below and we will answer your questions and assist you in this process.
 

 

 

 

 

 

 

 

 

 



 



 

 
  
 
 
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