Recalled Hip - DePuy’s Hip Replacement: The New Big Thing in Product Liability Suits?

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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.

WALL STREET JOURNAL: “DePuy’s Hip Replacement: The New Big Thing in Product Liability Suits?”

Wednesday, 22 December 2010 02:01 | Written by Wall Street Journal |

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A story over at Brand X today discusses a troubling loophole that exists in the Food and Drug Administration's regulation of implants.

Unlike new drugs that must go through clinical trials before getting FDA approval, some implants can be sold without the tests if it resembles an implant already in use, the story says.

Enter the Articular Surface Replacement, a hip replacement device made by DePuy Orthopaedics, a unit of Johnson & Johnson.

Many patients who have received the implant claim to have developed curious pain, and surgeons who have replaced the implant say they have found mysterious masses of dead tissue near patients' thighs. Some patients allege that they have high levels of cobalt ions in their blood, prompting them to fear they risk poisoning themselves.

Predictably, the lawsuits are lining up. Recently, the U.S. Judicial Panel on Multidistrict Litigation consolidated the suits and shipped them off to the Northern District of Ohio.

One suit, filed by California attorney Dana Taschner of the Lanier Law Firm, alleges DePuy should have known its hip replacement devices fail in a high percentage of patients.

"Such failures have been shown to give rise to symptoms such as severe pain, inflammation and death to surrounding tissue and bone, a partial or complete lack of mobility, and the need for revision surgery to remove and replace the device giving rise to even more debilitation, a prolonged recovery time, and an increased risk of complications and death from further surgery," the suit says.

According to the suit, DePuy received notice of several hundred complaints made to the FDA in 2007-08 but didn't issue a recall until late August 2010. The suit says DePuy has offered doctors $50 for obtaining the patients consent to receive his or her medical records and is asking doctors to send any devices that have been removed.

A DePuy spokeswoman said the company is happy an experienced judge has been selected to address the litigation and that it remains committed to "covering reasonable and customary costs of testing and treatment for patients who need services, including revision surgery if it is necessary," tied to the recall.

The next court hearing on the MDL is scheduled for January 20 before U.S. District Judge David A. Katz.

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.

Name:

Email:

Address:

City:

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Manufacturer/Model of Hip Implant:

Date of Surgery/Implant :

Did you experience pain or side effects related to your hip implant?

Yes
No

Did you require additional surgery as a result of a problem with your hip implant?

Yes
No

Describe Problem:

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SETTLEMENTS COULD COST J&J AND ZIMMER $5 BILL

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

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

WALL STREET JOURNAL: “DePuy’s Hip Replacement: The New Big Thing in Product Liability Suits?”