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Los Angeles County Archives - Carey Danis & Lowe

DePuy ASR Hip Trial Update: DePuy Marketing Director Voiced Concerns about DePuy ASR Hip Implant and Advised Recall

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

DePuy ASR Hip Trial Update: DePuy Marketing Director Voiced Concerns about DePuy ASR Hip Implant and Advised RecallThe first of 10,000 DePuy ASR Hip lawsuits is on trial in a California Superior Court in Los Angeles County. The trial, Kransky v. DePuy, continues to move forward with testimony, most recently from a DePuy marketing executive.

he testimony delivered late last week concerned a Johnson & Johnson director of hip marketing, Paul Berman, who wrote an email voicing concerns about the safety of the DePuy ASR Hip Replacement system, and advised a recall. Berman’s email was sent out on March 14, 2010.

According to a Bloomberg News report on the most recent DePuy ASR Hip trial proceedings, a total of four emails were sent out to other Johnson & Johnson and DePuy executives addressing Berman’s misgivings about the DePuy ASR Hip implant. Furthermore, Randall Kilburn, a DePuy marketing executive, testified that he showed Berman’s email to the then DePuy president, David Floyd.

Clearly, then, DePuy executives at all levels were made aware of at least one employee’s concerns regarding the safety of the DePuy ASR Hip implant. However, the DePuy ASR Hip recall took place several months after Berman’s email was sent out in March 2010. It appears that these early warning signs and concerns were ignored for far too long, allowing time for more patients to receive defective hip implants.

The DePuy ASR Hip Replacement system has become synonymous with an abnormally high failure rate. According to information supplied to the jury in Kransky v. DePuy, evidence revealed the failure rate for the DePuy ASR Hip implant to be “35.8 percent within 4.57 years”.

This failure rate calculation comes from an internal DePuy study conducted to determine the efficacy of the DePuy ASR Hip Replacement system.

In a recent New York Times article, it appears that Johnson & Johnson also received a letter from a doctor and consultant addressing the defective design of the DePuy ASR Hip implant that, according to his observations, was causing harm to patients. The letter was sent in 2008, and advised that Johnson & Johnson “slow its marketing” in order to conduct an in-depth study of the DePuy ASR Hip Replacement system.

Evidently, Johnson & Johnson chose to ignore the warning signs and letters coming internally and from outside of the company about the defective nature of the DePuy ASR Hip Replacement system.

If you or someone you love has received a DePuy ASR Hip implant, and has experienced any health complications related to the implant, such as metal poisoning, neurological damage, numerous revision surgeries, and local tissue, muscle, and bone damage, you may be eligible to receive compensation for such undue suffering and loss.

For a free legal consultation and to file a DePuy ASR Hip lawsuit, contact an experienced trial lawyer at Carey Danis & Lowe by calling 800.721.2519 or by submitting a claim using our legal claims form.

Biomedical Engineer Delivers Testimony in California DePuy ASR Hip Trial: Hip Implant Designed with Life-Threatening Defects

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

Biomedical Engineer Delivers Testimony in California DePuy ASR Hip Trial: Hip Implant Designed with Life-Threatening DefectsTestimony in the DePuy ASR Hip trial in California continues to shed light on the defective quality of Johnson & Johnson’s DePuy ASR Hip Replacement system. A biomedical engineer and McGill University professor served as an expert witness for the plaintiff, Loren Kransky, in the first DePuy ASR Hip lawsuit to go to trial. Kransky v. DePuy is being heard in a California Superior Court in Los Angeles County.

According to a Bloomberg News report, the biomedical engineer, Dennis Bobyn, stated that he believed the DePuy ASR Hip Replacement system was designed by Johnson & Johnson with several design flaws that caused an abnormally high rate of failure.

One of these DePuy ASR Hip implant defects involves the metal components, specifically the metal cup and the metal ball, that slide against one another causing a release of metal debris, which then enters the bloodstream and damages local tissues, bones, and muscles.

Metallosis, or metal poisoning, is a major health complication associated with the implantation of the DePuy ASR Hip Replacement system.

In their defense, lawyers for Johnson & Johnson are attempting to build an argument that Kransky’s health complications are unrelated to any defects with Kransky’s DePuy ASR Hip Replacement.

As detailed in a Bloomberg News report dating from February 8, the DePuy ASR Hip Replacement system has a recorded rate of failure in the United Kingdom of 12 percent in five years. An even high failure rate has been recorded in Australia at 40 percent.

In light of the DePuy ASR Hip implant’s abnormally high failure rates, Johnson & Johnson’s defense appears to be flimsy and inadequate.

The defective medical device lawyers at Carey Danis & Lowe are keeping a watchful eye on the court proceedings of Kransky v. DePuy. Furthermore, Carey Danis & Lowe is currently providing free legal consultations regarding DePuy ASR Hip cases. Contact Carey Danis & Lowe for a free legal evaluation and to file a DePuy ASR Hip Replacement lawsuit by calling 800.721.2519. 

DePuy ASR Hip Trial Update: DePuy Engineer & DePuy President Provide Testimony in Kransky v. DePuy

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

DePuy ASR Hip Trial Update: DePuy Engineer & DePuy President Provide Testimony in Kransky v. DePuyThe first DePuy ASR Hip Replacement trial continues to move forward in a California Superior Court in Los Angeles County. The trial known at Kransky v. DePuy involves the plaintiff Loren Kransky, a 65 year old North Dakota resident who received a DePuy ASR Hip Replacement, and after experiencing health complications with his hip implant, he filed a lawsuit against DePuy.

In testimony delivered before the Los Angeles court on January 31, Graham Isaac, a DePuy engineer, spoke about the laboratory testing of the DePuy ASR Hip Replacement. According to Isaac, DePuy researchers only tested the DePuy ASR Hip at one angle because implanting the hip implant components at a variety of angles resulted in the metal components knocking against one another which caused the release of metal debris. Clearly, the inability to implant the DePuy ASR Hip at any angle but one illustrates its inherent design flaw.

According to a New York Times article about the Los Angeles DePuy ASR Hip trial, the DePuy ASR Hip Replacement system has an estimated failure rate of five years in 40 percent of patients. When compared to other hip implants, this failure rate estimation is abnormally high.

Along with the DePuy engineer, Andrew Ekdahl, the president of DePuy which is a unit of Johnson & Johnson, provided testimony in the Los Angeles trial in late January.

The New York Times describes Ekdahl being shown a warning email that details defects and problems associated with the DePuy ASR Hip Replacement. This email was sent to Ekdahl three years before the DePuy ASR Hip recall in mid-2010. In response to being shown the warning email, Ekdahl stated that he along with others at DePuy responded appropriately to issues with the DePuy ASR Hip Replacement.

Patients who have received an implant of the DePuy ASR Hip Replacement system have claimed that the device causes severe pain, metallosis, and other health complications. During walking or running, the DePuy ASR Hip’s metal components slide against one another causing metal ions to be release into the bloodstream and surrounding muscle and tissues. A build-up of metal ions in the body catalyzes local bone, tissue, and muscle degradation.

Furthermore, the U.S. Food and Drug Administration (FDA) has also cited cases of neurological damage  associated with metal ions entering the bloodstream and ultimately a patient’s brain.

Lawyers at Carey Danis & Lowe are paying close attention to the Kransky v. DePuy trial in Los Angeles. Also, Carey Danis & Lowe is currently offering free legal evaluations of DePuy ASR Hip Replacement cases.

If you or someone you love has received a DePuy ASR Hip implant, and as a result, have experienced serious health complications, you may be entitled to receive compensation for your pain, medical expenses, and lost wages. To file a DePuy ASR Hip Replacement lawsuit, contact Carey Danis & Lowe at 800.721.2519.

British Parliament Members Decry DePuy ASR Hip and Call for Johnson & Johnson DePuy Criminal Inquiry

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

depuy_asr_hip_replacement_recall_lawsuit_johnson_johnson_criminal_trial_british_parliament_dercyAccording to a Telegraph article published in early February, members of the British Parliament are shocked by the data collected, and until recently withheld, in internal studies of a hip implant developed by DePuy, Inc.

DePuy, a unit of Johnson & Johnson, continued to pursue a market presence with its DePuy ASR Hip Replacement system despite the fact that they were well aware that the DePuy ASR Hip, when compared to other hip implants, had a significantly higher failure rate. In fact, internal documents dating from June 2007 reveal that the DePuy ASR Hip failed 10 percent of the time in only 2 years.

The Telegraph report cites that DePuy engineers were warned of hip implant complications by British health officials, more specifically a prominent a British surgeon, Dr. David Beverland. Apparently, Dr. Beverland wrote numerous emails to a DePuy engineer whenever he observed health complications in his hip implant patients.

After hearing about DePuy’s handling of its defective hip implant, Andrew Miller, a Labour Member of Parliament and the Science and Technology Committee chair, exhibited shock and dismay at the efforts taken by a medical device manufacturer to market a defective and harmful product. In light of this, Miller brought up the need for a “criminal inquiry”. Another Member of Parliament mentioned that he would broach the topic before Parliament’s Health Committee.

The Telegraph also mentioned the trial being held in a California Superior Court in Los Angeles County, the trial Kransky v. DePuy, Inc. The plaintiff, Loren Kransky, received a DePuy ASR Hip Replacement, and after experiencing severe pain and contracting metallosis, filed a lawsuit against DePuy.

Lawyers at Carey Danis & Lowe continue to closely follow the Kransky v. DePuy trial in Los Angeles. In addition, following this Telegraph article, we plan to monitor any investigations into the DePuy ASR Hip Replacement system in Britain.

Carey Danis & Lowe is offering free legal evaluations regarding DePuy ASR Hip Replacement cases. To discuss filing a DePuy ASR Hip Replacement lawsuit, contact a lawyer at Carey Danis & Lowe at 800.721.2519.

First DePuy ASR Hip Replacement Lawsuit Goes to Trial in Los Angeles Superior Court

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

First DePuy ASR Hip Replacement Lawsuit Goes to Trial in Los Angeles Superior CourtThe first in 10,000 DePuy ASR Hip Replacement lawsuits went to trial in a California Superior Court in Los Angeles County on January 25. The case is Kransky v. DePuy. The plaintiff, Loren Kransky, is a North Dakota resident who received a DePuy ASR Hip Replacement, and filed the lawsuit claiming a defective design and manufacturer negligence.

According to an article recently published by the New York Times, Johnson & Johnson was aware of a serious design flaw in the DePuy ASR Hip Replacement. However, internal Johnson & Johnson documents, which were unsealed during trial proceedings on January 25, reveal that company executives intentionally withheld information about the DePuy ASR Hip Replacement design flaw from healthcare providers and the public.

In a Bloomberg News report of the Los Angeles Superior Court DePuy ASR trial, testimony given by a biomedical engineer and consultant, George Samaras, indicated that DePuy researchers recorded extremely high levels of chromium and cobalt metal ions in the body, in fact a concentration 16 times higher in comparison to another of DePuy’s medical devices.

DePuy is a unit of Johnson & Johnson that developed and manufactured the ASR, or Articular Surface Replacement, hip implant. In addition, Samaras shared with the jury that DePuy and Johnson & Johnson claimed that the ASR Hip Replacement passed internal medical device standards, when in fact, it had failed them.

Johnson & Johnson recalled the DePuy ASR Hip implant in 2010. The reason given for recalling the hip implant had nothing to do with defective design, but rather, long-term market viability.

In these same internal document unsealed during the Los Angeles DePuy ASR trial, researchers at DePuy noted an abnormally high failure rate for the ASR Hip Replacement, that of 40 percent within only five years after receiving the DePuy hip implant. With this information, Johnson & Johnson still marketed the defective and flawed medical device to healthcare providers and the public.

Furthermore, DePuy and Johnson & Johnson were not only receiving warning signs from internal reports. According to the New York Times report, doctors were reporting complications and device failures regarding the DePuy ASR Hip Replacement to Johnson & Johnson just as the medical device manufacturer was beginning to market the device in the U.S. In 2005.

Thus, with information coming from within and from healthcare professionals, Johnson & Johnson proceeded with their efforts to sell the defective DePuy ASR Hip Replacement.

Patients who have received an implant of the DePuy ASR Hip Replacement note high levels of metal ions in the blood, resulting in metallosis, or metal poisoning. The U.S. Food and Drug Administration (FDA) has released safety communications about tissue and bone damage as well as neurological impairment resulting from metal debris created by metal-on-metal hip implants, such as the DePuy ASR Hip Replacement.

Lawyers at Carey Danis & Lowe are closely examining DePuy ASR Hip Replacement lawsuits across the country. If you or someone you love has received an implant of the DePuy ASR Hip Replacement, contact a lawyer at Carey Danis & Lowe for a free legal evaluation about your case.

You may be eligible to receive compensation for your medical expenses, lost wages, and pain and suffering. Learn more about filing a DePuy ASR Hip Replacement lawsuit by calling a lawyer at Carey Danis & Lowe at 800.721.2519.

DePuy ASR Hip Replacement Trial Scheduled to Begin on January 22, 2013 in California Superior Court

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

DePuy ASR Hip Replacement Trial Scheduled to Begin on January 22, 2013 in California Superior CourtInformation from a Johnson & Johnson internal study into the safety of the DePuy ASR Hip Replacement system is suggestive that the medical device manufacturer understood the serious risks associated with their hip implant.

The Johnson & Johnson internal study was recently unsealed in pretrial proceedings in a DePuy ASR Hip Replacement lawsuit in California, overseen by Judge J. Stephen Czuleger. As detailed in the internal study document, the DePuy hip implant proved defective, having a significantly high failure rate with approximately 40% of patients experiencing health complications and requiring revision surgeries after only five years.

Johnson & Johnson has never made public the data gathered in its internal study into its metal-on-metal hip replacement system, according to the New York Times. The reasons for withholding research findings is unclear. Though it may be assumed that one motivation for safeguarding the internal study could be the fact that, in the Johnson & Johnson report, there is the indication that revision surgery will be required for thousands more individuals who received the metal-on-metal DePuy hip implant.

In providing a statement for the New York Times article, a DePuy spokeswoman named Mindy Tinsley, stated that the Johnson & Johnson internal study illustrates data amassed from very limited sources, and therefore, can be used to neither generalize the high failure rate of the DePuy ASR Hip Replacement system nor the most commonly reported health complications linked to Johnson & Johson’s hip implant device.

Now with the Johnson & Johnson internal study document made public, the first in over 10,000 DePuy ASR Hip Replacement lawsuits was scheduled to begin trial proceedings on January 22, 2013 in a California Superior Court in Los Angeles County. According to court documents, the plaintiff, a North Dakota resident named Loren Kransky, filed his DePuy ASR Hip Replacement lawsuit claiming that he developed metallosis, or metal poisoning, as a result of DePuy’s metal-on-metal design that causes metal particles to release from the device and enter the bloodstream.

The U.S. Food and Drug Administration (FDA) has observed cases of neurological damage resulting from exposure to metal ions in the bloodstream. Furthermore, there is also the potential for the tissues and bone surrounding the hip replacement to deteriorate and weaken due to the presence of metal ions.

If you or someone you love has experienced serious health complications resulting from a defective DePuy ASR Hip implant, you may be entitled to receive compensation for your medical expenses, lost wages, and undue suffering.

For a free legal evaluation regarding your defective hip replacement case, contact a lawyer at Carey Danis & Lowe today by calling 800.721.2519.

34 Plaintiffs Fill New Yaz and Yasmin Lawsuit

By | Pharmaceutical litigation, Uncategorized, Yaz/Yasmin

Published May 19, 2012 on Seedol

In addition to the nearly 12,000 Yaz and Yasmin Lawsuits that have been filed a new Yaz Lawsuit and Yasmin Lawsuit was filed in the Superior Court of California, Los Angeles County in late April. This new Y Lawsuit names Bayer Healthcare LLC; Bayer Pharmaceuticals Corporation; Bayer Healthcare Pharmaceuticals Inc.; Berlex Laboratories, Inc.; Berlex, Inc.; Bayer Schering Pharma AG; Bayer AG; McKesson Corporation; Barr Laboratories, Inc; Barr Pharmaceuticals LLC; Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries Ltd as defendants. The Yaz Lawsuit wsa filed on behalf of approxitmately 34 Plaintiffs.

As with previous Yaz Lawsuits this suit alleges that the Defendants knew and were aware or should have been aware that the PRODUCTS had not been sufficiently tested, was defective in its design and testing, and lacked adequate and sufficient warnings.

The suit also alleges that the Defendants knew or should have known that the PRODUCTS had a potential to, could, and would cause severe and grievous injury and death to the users of said product, and that it was inherently dangerous in a manner that exceeded any purported, inaccurate and downplayed warnings.

The suit in question is bases on numerous allegations other than those listed above with the majority of the allegations in the complaint being centered around the defendants “Failure to Warn” the plaintiffs of the risks associated with the use of Yaz or Yazmin.

If you took Yaz or Yazmin and suffered a blood clot reltated injury such as a DVT, a pulmonary emoblishm, a stroke or other blood clot related injury it is not too late to file a Yaz Lawsuit or Yazmin Lawsuit to be compensated for your medical bills, pain and suffering and other loses. Visit Carey Danis & Lowe to file your claim.