Category

Hip/Knee Replacement

Australian News Program Discusses DePuy ASR Hip

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

depuy_hip_replacement_asr_kransky_settlement_verdict_lawsuitNow a recalled device , the DePuy ASR hip replacement has significantly changed the lives of thousands of people around the world, and not in the way for which it was intended. According to a Four Corners program recently aired by the Australian Broadcasting Commission (ABC) in late May 2014, patients who received a DePuy ASR hip replacement have experienced cobalt and chromium poisoning, numerous revision surgeries, and neurological problems.

Failure to accept responsibility for injuries to DePuy ASR patients is common in Johnson & Johnson’s handling of the matter. It is said that Johnson & Johnson knew about the design defects of the DePuy ASR hip as early as 2007, yet still decided to move forward with a deceptively positive marketing campaign.

Furthermore, doctors who reported complications with the metal-on-metal hip implant to Johnson & Johnson, and their subsidiary DePuy, were made to feel at fault.

One U.S. patient, Joan Wager, was interviewed for the Four Corners program, and shared that two years after receiving a DePuy ASR hip implant, she developed a swollen hip. After getting her hip checked out by a doctor, it was determined that she needed a revision surgery.

Notes taken by her surgeon reveal the defective quality of the DePuy ASR hip replacement. With the major components of the hip implant improperly fitting, and as such, releasing metal particles into the surrounding area, Wager’s hip joint had become severely inflamed, creating a yellow fluid most likely caused by the presence of cobalt and chromium particles.

As DePuy ASR hip lawsuits continue to move forward in the U.S., a class action lawsuit in Australia is scheduled to be heard over a ten week period some time next year. According to Four Corners, the class action lawsuit has been delayed on account of Johnson & Johnson submitting approximately 23,000 pages of new evidence that they claim reveals that the DePuy ASR hip replacement is not defective.

Carey Danis & Lowe Can Help You

If you received an implant of the DePuy ASR hip, and have experienced injuries as a result, explore your legal options and compensation eligibility. Carey Danis & Lowe offers free initial case evaluations.

Share your DePuy ASR hip story with Carey Danis & Lowe today. Give us a call at 800.721.2519, or complete a personal injury claim form.

Our personal injury lawyers look forward to assisting you in any way that we can.

DePuy ASR Lawsuit Settlement News: Defendants’ Master Answer Filed

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

The latest news to come out of the DePuy ASR hip multidistrict litigation (MDL) in Ohio is a new case management order filed in early December confirming that the Defendants’ Master Answer has been filed with the court. According to the case management order, now that it has officially been filed, the Defendants’ Master Answer will act as a response to all of the DePuy ASR hip lawsuits currently pending in the MDL.

The DePuy ASR hip MDL is being heard in the U.S. District Court for the Northern District of Ohio. The case is In re: DePuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation MDL no. 2197. U.S. District Judge David Katz is overseeing DePuy ASR MDL proceedings.

National Law Firm Represents Victims

Plaintiffs have filed lawsuits targeting DePuy and Johnson & Johnson after experiencing hip implant failure, inflammation and pain in the implant region, metal poisoning, and undergoing numerous revision surgeries to repair damage from the defective medical device.

The national law firm of Carey Danis & Lowe represents victims of defective hip implants, such as the DePuy ASR that was voluntarily recalled in 2010 due to abnormally high rates of failure. Our defective medical device attorneys are currently investigating DePuy ASR cases.

If you believe that your injuries are the result of the DePuy ASR hip implant, explore your legal options in a gratis initial evaluation with Carey Danis & Lowe. We also have a team of highly experienced on-staff nurses and medical experts available to closely listen to your concerns and answer your questions about how metal-on-metal hip implants impact patient health and safety.

Share your DePuy ASR implant story with Carey Danis & Lowe today. Call 800.721.2519, or complete a confidential personal injury claim.

DePuy ASR Settlement News: Claims Administrator Named & Compensation Packages Outlined

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

depuy_asr_hip_replacement_lawsuits_2013_mdl_litigation_lawsuit_settlementsThe St. Louis class action attorneys at Carey Danis & Lowe have been closely following the DePuy ASR settlement following the announcement of Johnson & Johnson and DePuy’s $2.5 billion deal. The latest in the DePuy ASR settlement involves the naming of a claims administrator to assist with the settlement process, and a document that more clearly outlines the deal’s three compensation packages.

The $2.5 billion settlement deal announced in November is estimated to settle approximately 8,000 of 12,000 DePuy ASR hip lawsuits filed across the country.

A federal court in Ohio named retired Judge James J. McMonigle as the claims administrator. The court also named three special masters to assist with the settlement process.

Thousands of DePuy lawsuits have been consolidated into the U.S. District Court for the Northern District of Ohio, which is the court managing the settlement process. The DePuy multidistrict litigation (MDL) is known as In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products MDL no. 2197.

The Ohio federal court also released a document with detailed information on benefit packages. According to the document, there are three compensation packages.

The first compensation package is called the base payment, which involves a $250,000 award. This award can be reduced depending upon a variety of factors, including weight and history of smoking.

The second compensation package applies only to those plaintiffs who have undergone surgical operations to remove and replace the DePuy ASR hip implant in both left and right hips. Those plaintiffs qualifying for this compensatory award will receive an additional $250,000. Unlike the base payment package, this benefit calls to pay the full $250,000 to the plaintiff, with no reductions for weight, history of smoking, and other health factors.

The third package, called the Extraordinary Injury Fund (EIF), will provide benefits to those plaintiffs who experienced significant health complications due to the DePuy ASR hip implant. These health complications and injuries include pulmonary embolism, deep vein thrombosis (DVT), infection, stroke, myocardial infarction, death, and any other injuries incurred during revision surgeries.

It is important to note that the current settlement deal does not prohibit plaintiffs from seeking compensation for their injuries relating to the hip implant in the future.

If you have any questions about the DePuy ASR settlement, please contact one of our DePuy ASR hip attorneys at Carey Danis & Lowe. Learn more about the settlement, discuss your legal options in a free initial consultation, and get assistance with filing a DePuy ASR hip lawsuit.

Concerns about metal-on-metal hip implants and health complications can be addressed to a Carey Danis & Lowe on-staff nurse. Our team of medical experts are available to provide you with the most accurate information about metal-on-metal hip implants.

Share your DePuy ASR hip story with Carey Danis & Lowe today. Call us at 800.721.2519, or submit a confidential personal injury claim form.

For the latest DePuy ASR settlement news, read the Carey Danis & Lowe personal injury litigation blog.

DePuy ASR Settlement News: Central Illinois Patients Expecting Compensation from $2.5 Billion Settlement

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

depuy_asr_hip_replacement_lawsuits_2013_mdl_litigation_lawsuit_settlementsFollowing the announcement of the $2.5 billion settlement presented by Johnson & Johnson and DePuy to settle lawsuits targeting the DePuy ASR hip implant, a local central Illinois newspaper, the News-Gazette, recently published a report on how some local residents will be impacted by the settlement. As detailed in the article, over 200 residents in Champaign and Urbana, Illinois received an implant of the DePuy ASR hip implant.

The local hospital in Champaign-Urbana, the Carle Foundation, used the DePuy ASR hip in total hip replacement surgeries. However, the article did not provide information on whether any patients returned to Carle to undergo revision surgeries following the failure of their DePuy ASR hip.

According to Bloomberg, DePuy’s deal will apply to 8,000 of 12,000 DePuy ASR hip lawsuits, providing plaintiffs with a compensatory package of around $250,000 each. The settlement applies to only those cases where the plaintiff underwent revision surgery to replace the defective hip implant.

If any of these central Illinois patients qualify for the settlement, they can expect to receive compensatory packages sometime in 2014.

DePuy ASR hip lawsuits have been consolidated in the U.S. District Court for the Northern District of Ohio. The multidistrict litigation (MDL) is In re: DePuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation, MDL no. 2197.

Carey Danis & Lowe Can Help You

Carey Danis & Lowe is a national law firm providing expert legal counsel to individuals and families affected by defective medical devices, including the DePuy ASR hip implant. Discuss your legal options with one of our defective medical device attorneys in a free initial consultation. We can also assist in filing a DePuy ASR hip lawsuit.

Carey Danis & Lowe is dedicated to providing victims of faulty medical devices with helpful legal and medical resources. That is why we have a team of medical experts available to answer any questions and concerns that you may have about the DePuy ASR hip or another metal-on-metal hip implant.

Share your DePuy ASR hip story with Carey Danis & Lowe today by calling 800.721.2519, or by completing a confidential personal injury claim form.

Read more on the DePuy ASR hip settlement on the Carey Danis & Lowe personal injury litigation blog.

DePuy Settlement News: Orthopedics Manufacturer Presents $2.5 Billion Plan

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

DePuy ASR Hip Replacement Lawsuit Update: Trials Scheduled to Begin this Year in Maryland, New Jersey, and OhioThis month, Carey Danis & Lowe provided news on the widely reported DePuy settlement of $4 billion. The latest development to surface from the DePuy ASR settlement is that DePuy has agreed to a $2.5 billion plan. Prior to this recent announcement made on November 19, many sources discussed the possibility of a $4 billion agreement.

According to the New York Times, the DePuy and Johnson & Johnson settlement will still apply to those plaintiffs who received an implant of the DePuy ASR hip implant, and have since had it removed and replaced.

Though the settlement figure has dropped from the speculated amount, in actuality, the total cost to DePuy to close these cases will not be reflected solely by this number. DePuy’s plan moving forward will be to reimburse plaintiffs for their medical expenses incurred during revision surgeries. These reimbursements will be handled separately from the settlement according to the current plan.

Thus, the $2.5 billion will provide eligible plaintiffs with a compensation package for the pain and suffering that they endured because of the ASR hip implant.

DePuy’s proposed plan will apply to approximately 8,000 of 12,000 lawsuits, with individual compensation packages estimated at $250,000. However, those plaintiffs whose experiences with the medical device were particularly unique in their harm to patient health and safety will receive additional compensation, though it is not yet clear as to the size of these supplementary awards.

It is up to eligible individuals whose cases have been consolidated in the DePuy ASR hip implant multidistrict litigation (MDL) in Ohio to decide if DePuy’s arrangement is acceptable. According to the New York Times, the plan will need to be approved by 94 percent of plaintiffs in the DePuy MDL. As of right now, it is unclear if these individuals find the plan satisfactory.

DePuy’s proposed settlement does not apply to those individuals who have filed lawsuits, but have yet to replace the defective hip implant. Still, many speculate that in the near future, DePuy will make arrangements for an additional settlement to compensate these individuals.

Carey Danis & Lowe is Here to Help

Carey Danis & Lowe is a defective medical device law firm headquartered in St. Louis. We represent victims of the DePuy ASR hip implant, and can help you or a loved one who has received the device. Contact one of our DePuy ASR hip lawyers today to discuss your legal options, how the DePuy settlement could affect your case, and for assistance with filing a DePuy ASR hip lawsuit.

When you contact Carey Danis & Lowe, you can also speak with one of our on-staff nurses about the health complications often associated with the DePuy ASR hip implant, including damage to surrounding tissue and bone from metal particles that this device has been known to release.

Share your DePuy ASR hip story with us today by calling 800.721.2519, or by submitting a confidential personal injury claim form.

Johnson & Johnson & DePuy $4 Billion Settlement Plan

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

gavel_multidistrict_litigation_settlements_trial_transvaginal_mesh_lawsuitsOf late, it has been widely reported that Johnson & Johnson and DePuy have agreed to a $4 billion settlement of thousands of DePuy ASR hip lawsuits that have been filed across the U.S. The settlement involves anywhere between 7,000 and 8,000 lawsuits targeted at DePuy, a unit of Johnson & Johnson, over their metal-on-metal hip implant, the DePuy Articular Surface Replacement (ASR) device. The reported settlement could be the largest ever in the history of defective medical device litigation.

Though the settlement is speculated to be around $4 billion, this amount could see a significant increase with individuals filing claims against DePuy in the future. According to the New York Times, only plaintiffs who have undergone revision surgery to remove and replace the DePuy ASR hip implant qualify for compensation under the tentative arrangement.

Background on the DePuy ASR Hip Implant

In 2003, DePuy began an international sales campaign for their resurfacing model of the ASR hip implant. This campaign targeted the UK and Australia, but excluded the U.S. Then, in 2005, DePuy introduced the standard model of the DePuy ASR hip implant onto the U.S. medical device market. While DePuy only sold the standard model inside of the U.S., they sold both the resurfacing model and the standard model internationally.

In 2009, following a request from the U.S. Food and Drug Administration (FDA) for safety information on the ASR hip implant, DePuy began an effort to remove the standard model of the ASR hip implant from the U.S. market. Simultaneously, DePuy was also seeking FDA approval for the resurfacing model, still being sold internationally since 2003, but not yet in the U.S.

However, with increasing reports connecting DePuy’s hip implant with the release of metal particles, the FDA declined to approve the device.

According to the New York Times, DePuy did not share the FDA’s rejection with foreign regulatory organizations in countries where they were still selling the resurfacing model.

Carey Danis & Lowe is Here to Help

Based upon the evidence that has been presented thus far in court cases involving individuals who claim injury from DePuy’s ASR hip implant, it appears that DePuy did indeed design a defective medical device. In cases where manufacturers knowingly keep a dangerous product on the market, the defective medical device attorneys at Carey Danis & Lowe strongly believe in holding accountable those entities who compromise patient safety and health.

If you received a DePuy ASR hip implant, discuss your legal options with Carey Danis & Lowe today. Our case evaluations are free, and we can assist you with filing a DePuy ASR hip lawsuit. Additionally, we work alongside a team of medical experts, who are available to speak with you about health issues related to the DePuy ASR hip implant.

Share your defective medical device story with Carey Danis & Lowe today by calling 800.721.2519, or by completing a confidential personal injury claim.

$4 Billion DePuy ASR Hip Settlement in the Works

By | Defective Medical Device litigation, Hip/Knee Replacement, Product Liability, Uncategorized

DePuy ASR Hip Replacement Lawsuit Update: Trials Scheduled to Begin this Year in Maryland, New Jersey, and OhioClaims targeted at DePuy, a unit of Johnson & Johnson, over their ASR hip implant may soon be settled following the announcement of a $4 billion agreement intended to settle approximately 7,500 DePuy ASR hip lawsuits in state and federal courts across the country. According to Bloomberg, plaintiffs have filed lawsuits against DePuy and Johnson & Johnson claiming that their ASR hip implant was defectively designed, compromised health, and required numerous revision surgeries.

It is estimated that each plaintiff will receive a compensation package of around $300,000 for each of their surgical operations, though this could change depending upon a plaintiff’s age and other factors, such as the severity of injuries incurred from the ASR hip implant.

Approximately 12,000 lawsuits are pending in state courts in California, New Jersey, and Illinois. In Toledo, Ohio, DePuy ASR hip lawsuits have been consolidated into a multidistrict litigation (MDL) called In re: DePuy Orthopedics, Inc., ASR Hip Implant Products Liability Litigation, MDL no. 2197, which is being heard in the U.S. District Court for the Northern District of Ohio.

DePuy ASR Hip Implant History

In 2005, DePuy began selling their ASR hip implant in the U.S. Five years later, in August 2010, the metal-on-metal hip implant was recalled due to its high failure rate. DePuy removed approximately 93,000 hip implants from the market in the U.S. and around the world.

To explain their reason for the recall, DePuy pointed to a UK study whose data revealed a 12 – 13 percent failure rate for the ASR XL Acetabular System and the ASR Hip Resurfacing System, a model sold outside the U.S. that was never approved by the U.S. Food and Drug Administration (FDA) due reports that it released excessive amounts of metal particles.

Though the UK study reported an abnormally high failure rate, it appears that Johnson & Johnson and DePuy had gathered their own data that showed an even higher failure rate at 37 percent within 4.6 years. Additionally, the New York Times reported that two years before the DePuy ASR hip recall, a DePuy consultant notified the head of the DePuy orthopedic unit about the ASR hip implant’s defective design.

Thus, there were a number of warning signs alerting DePuy and Johnson & Johnson as to the flawed nature of their ASR metal-on-metal hip implant.

Future of DePuy ASR Hip Lawsuits

Though the current settlement amount is estimated to be around $4 billion, sources say this number could increase as patients continue to develop problems with the defective medical device in the near future, and require revision and replacement surgeries.

As it stands, DePuy’s agreement appears to contain nothing that could potentially hinder patients from trying to obtain a compensation package from DePuy and Johnson & Johnson to cover medical expenses.

This means that, at the current moment, the settlement has no limit.

How Carey Danis & Lowe Can Help You

The defective medical device lawyers at Carey Danis & Lowe are encouraged by the news of the $4 billion DePuy ASR hip settlement. As a law firm that represents victims of the DePuy ASR hip implant, Carey Danis & Lowe hopes that case resolution following this settlement is swift and efficient, as so many people have claimed pain, suffering, and injury from this defective medical device.

If you believe that you have incurred injuries from the DePuy ASR hip implant, contact a defective medical device lawyer at Carey Danis & Lowe to discuss your legal options and for assistance with filing a DePuy ASR hip lawsuit. When contacting our St. Louis based law firm, you can also speak with one of our on-staff nurses about metal-on-metal hip implant safety concerns.

Share your DePuy ASR hip implant story with Carey Danis & Lowe today by calling 800.721.2519, or by submitting a confidential personal injury claim.

Learn more about the DePuy ASR hip and personal injury litigation on the Carey Danis & Lowe blog. Stay current on the latest defective medical device news, such as the recent metal-on-metal hip implants ban in UK hospitals.

UK Prohibits Metal-on-Metal Hip Implants

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

depuy_hip_replacement_asr_kransky_settlement_verdict_lawsuitFollowing a study whose data revealed an unusually high failure rate of 43 percent for certain types of metal-on-metal hip implants, the UK has prohibited the use of these types of hip implants in National Health Service (NHS) hospitals. Involving 17,000 participants, the study recorded a significant number of instances wherein metal-on-metal hip implants showed signs of serious erosion.

The Telegraph found that many metal-on-metal hip implants do not meet failure rate standards, especially the DePuy ASR Hip Replacement system. This hip implant has a documented failure rate of 13 percent over a five year period. That failure rate increases with time, as some estimates show a 43 percent rate of failure nine years after initial implantation.

Due to its defective natu, the DePuy ASR hip implant has since been removed from the market.

According to a former president of the British Orthopaedic Association, who was interviewed for the Telegraph report, if left in the body, a defective metal-on-metal hip replacement can damage surrounding tissue.

The U.S. Food and Drug Administration (FDA) has also warned about the harm metal-on-metal hip implants can cause. The FDA has noted that metal-on-metal hip implants have been known to release metal particles into the body, and as such, destroy surrounding tissue and bone. Metal particles can also enter the bloodstream, and cause neurological problems.

How can Carey Danis & Lowe Help You?

If you received an implant of the DePuy ASR Hip Replacement system, and have experienced health complications that you believe are the result of device failure and defective design, you have a case that may make you eligible to receive compensation. The defective medical device attorneys at Carey Danis & Lowe are currently investigating cases involving the DePuy ASR Hip Replacement. We invite you to contact our St. Louis based law firm for a free case evaluation, and for assistance with filing a DePuy ASR Hip lawsuit.

If you have concerns about how metal-on-metal hip implants can impact health, speak with one of our on-staff medical experts.

Share your DePuy ASR Hip story with Carey Danis & Lowe today. Call us at 800.721.2519, or complete a confidential personal injury claim.

DePuy ASR Hip Lawsuit News: DePuy ASR Settlement in San Francisco Superior Court

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

depuy_hip_replacement_asr_kransky_settlement_verdict_lawsuitA settlement is under negotiation in a DePuy ASR hip lawsuit in San Francisco Superior Court. The case, involving plaintiff Robert Eugene Ottman, was intended to be the first case to go to trial among a pool of DePuy ASR hip lawsuits in the California state court. However, rather than beginning trial proceedings, DePuy Orthopaedics made efforts to begin the settlement process.

Settlement details between Ottman and DePuy, a Johnson & Johnson unit, have not yet been made public.

DePuy ASR lawyers at Carey Danis & Lowe are optimistic about the future of DePuy ASR hip lawsuits following this settlement negotiation in California. The movement to settle rather than enter into a trial demonstrates that DePuy may be more inclined to settle future cases.

In fact, Bloomberg reported in August 2013 that DePuy was deliberating a $3 billion settlement of over 11,000.

Defective Metal-on-Metal Design

The DePuy ASR hip models feature a metal-on-metal design that has been linked to metal poisoning. Plaintiffs who have filed DePuy ASR hip lawsuits claim that DePuy’s metal-on-metal hip replacement features a defective design, wherein metal components of the hip replacement come into contact, causing the release of metal flakes into the bloodstream and surrounding bone and tissue. In addition to damaging bone and tissue, these metal particles have been known to cause neurological problems, according to the U.S. Food and Drug Administration (FDA).

Furthermore, the DePuy ASR hip models have abnormally high failure rates of between 12 – 13 % between the ASR XL Acetabular System and the ASR Hip Resurfacing System. As a result of such a high rate of failure, patients who received a DePuy ASR hip replacement have undergone numerous revision surgeries to repair damage from the ASR hip and to insert a new hip replacement.

Share Your DePuy ASR Hip Story

DePuy ASR hip attorneys at Carey Danis & Lowe are currently accepting DePuy ASR hip cases. Contact Carey Danis & Lowe today for a free legal evaluation of your DePuy ASR hip case, and for more information about your compensation eligibility. You can also speak with one of our on-staff medical experts about health complications related to the DePuy ASR hip replacement.

Share your DePuy ASR hip story with Carey Danis & Lowe by calling 800.721.2519, or by submitting a personal injury claim form.

Chicago DePuy Hip Trial Jury Rules in Favor of Johnson & Johnson and DePuy

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

depuy_hip_replacement_lawsuit_litigation_settlements_product_liabilityIn delivering their verdict on March 16, a jury in the Chicago DePuy Hip trial ruled in Johnson & Johnson and DePuy’s favor.

In an article from the New York Times, the jury released a verdict stating that neither Johnson & Johnson nor DePuy engaged in a misleading marketing campaign to promote the metal-on-metal hip implant.

In contrast to the Chicago DePuy Hip trial, in the first DePuy ASR Hip lawsuit to go to trial in California, the plaintiff Loren Kransky was awarded a compensatory award of $8.3 million.

With two DePuy ASR Hip lawsuits settled, Johnson & Johnson faces another 10,000 cases, some of which have been consolidated into a multidistrict litigation (MDL) in Ohio.

Carey Danis & Lowe DePuy ASR Hip lawyers will continue to represent clients who have been injured by the defective metal-on-metal hip implant because the evidence uncovered in our investigations indicates that the DePuy ASR Hip implant causes serious injury.

DePuy ASR Hip lawyers at Carey Danis & Lowe encourage individuals who have been injured by the DePuy ASR Hip implant to contact one of our experienced trial lawyers for a free legal evaluation about your case, and for assistance in filing a DePuy ASR Hip lawsuit. Contact Carey Danis & Lowe today by calling 800.721.2519 or by submitting a legal claim form.