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metal on metal Archives - Carey Danis & Lowe

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.

$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.

DePuy ASR Trial Strum v. DePuy Hears Testimony from Orthopedic Surgeon Involved in DePuy ASR Hip Design

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

DePuy ASR Trial Strum v. DePuy Hears Testimony from Orthopedic Surgeon Involved in DePuy ASR Hip DesignIn the latest news to come out of the a DePuy ASR trial being heard in a Chicago court, an orthopedic surgeon, who assisted DePuy in developing the DePuy ASR Hip implant, provided testimony on April 2. In his testimony, Thomas P. Schmalzried claimed that DePuy’s design process was complete, yet if given the choice to use the DePuy ASR Hip implant today, Schmalzried admitted he would refuse, according to an article by Law 360.

In fact, as an orthopedic surgeon, Schmalzried conceded that it has been a long time since he implanted a metal-on-metal hip implant.

As a member of the design team working alongside DePuy engineers, Schmalzried shared that the design and development process behind the DePuy ASR Hip involved many years of research and advice from surgeons and experts from around the world. Schmalzried had an overall impression that DePuy proceeded in an honest and complete manner throughout the ASR Hip design and development process.

The plaintiff in the DePuy ASR Hip trial, Carol Strum, filed her DePuy ASR Hip lawsuit in 2011 alleging that the metal-on-metal hip had a defective design causing the release of metal ions. Ultimately, Strum underwent a revision surgery to remove and replace the DePuy ASR Hip implant.

Contrastingly, DePuy is building a case around the plaintiff’s problems with the DePuy ASR Hip implant as an issue with Strum’s biology and overall health rather than any defects with its own product.

Hearing a different perspective regarding the DePuy ASR Hip implant design process provides much to consider, especially following evidence brought forth in the first DePuy ASR Hip trial revealing DePuy executives’ DePuy ASR Hip implant safety concerns. Defective medical device lawyers at Carey Danis & Lowe are monitoring the Strum v. DePuy case in Chicago, as it is only the second DePuy ASR Hip lawsuit to go to trial.

DePuy ASR Hip lawyers at Carey Danis & Lowe encourage individuals who have been injured by the defective hip implant to contact our law firm today for a free legal evaluation about your case, and for assistance in filing a DePuy ASR Hip lawsuit.

Contact a lawyer at Carey Danis & Lowe today by calling 800.721.2519 or by submitting a legal claim form.

USA Today Editorial Decries Johnson & Johnson and DePuy for Failure to Properly Address Defective DePuy ASR Hip Implant

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

cdl_hip_replacement_lawsuit_settlementsA recent USA Today editorial piece published on March 24 takes the position that Johnson & Johnson and DePuy mismanaged the development and marketing efforts behind their DePuy ASR Hip Replacement system.

Stemming from our own investigation into the DePuy ASR Hip implant, lawyers at Carey Danis & Lowe agree that neither Johnson & Johnson nor their subsidiary, DePuy, correctly addressed any of the warning signs.

According to the USA Today opinion piece, Johnson & Johnson and DePuy ignored red flags, and as a result, did not recall the product in a timely fashion. After years of receiving failure reports and concerns from surgeons, Johnson & Johnson finally initiated a DePuy ASR Hip recall in August 2010.

The DePuy ASR Hip implant is a metal-on-metal artificial hip that causes the release of metal ions into the bloodstream, surrounding tissues, and bone. The metal ions travel through the bloodstream, and have been linked to neurological damage.

An interesting point made by USA Today is that blame for the defective device being sold on the market does not lie solely with Johnson &  Johnson and DePuy. Blame should also be put on Congress, according to USA Today, who apparently passed a loophole permitting quick approval processes.

Though the U.S. Food and Drug Administration (FDA) makes significant efforts towards protecting the public, it is important that if warning signs appear during any part of the development, approval, or marketing processes, efforts must be made towards addressing them, even if that means scraping the product entirely.

DePuy ASR Hip implant lawyers at Carey Danis & Lowe are committed to upholding consumer safety, and work hard to hold companies like Johnson & Johnson and DePuy accountable when their business practices do not align with protecting patient health.

Defective medical device lawyers at Carey Danis & Lowe encourage individuals who have been injured by the DePuy ASR Hip to contact one of our lawyers today about filing a DePuy ASR Hip lawsuit by calling 800.721.2519 or by submitting a legal claim form.

DePuy President Testifies in Strum v. DePuy: DePuy Defense Asserts DePuy ASR Hip Recall about Revision Rates not Defective Product

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

DePuy President Testifies in Strum v. DePuy: DePuy Defense Asserts DePuy ASR Hip Recall about Revision Rates not Defective ProductDePuy President, Andrew Ekdahl, delivered testimony during day three of Strum v. DePuy, a case being heard in a Chicago state court. The DePuy ASR Hip lawsuit involves Carol Strum, whose lawsuit against DePuy is the second of 10,750 DePuy ASR Hip lawsuit to go to trial.

According to Ekdahl, DePuy initiated the DePuy ASR Hip recall due to the high rates of revision associated with the metal-on-metal hip implant. However, according to a Businessweek article about the Chicago case, the medical device manufacturer’s defense attorney, Richard Sarver, has continued to argue that DePuy does not consider the ASR Hip implant to be a defective device, despite the high revision rate.

DePuy’s steadfast adherence to the belief in their hip implant not being a defectively designed product comes in light of a Health Hazard and Risk Evaluation Review Board document signed by senior DePuy executives shortly before the DePuy ASR Hip recall, according to Businessweek.

The document supplied three reasons for recalling a product, one of which was about a defective product that had the potential to cause injury and health complications. This option was the one selected by the DePuy senior executives as the reason for the DePuy ASR Hip recall.

Clearly, then, the internal discussions and decisions made by DePuy do not align with their public effort to assert that their metal-on-metal hip implant, though having a significantly high revision rate, is not a defective product.

Defective medical device lawyers at Carey Danis & Lowe are closely watching the DePuy ASR Hip case in Chicago to determine if any new evidence will come to light, which may influence the jury to order Johnson & Johnson and DePuy to pay punitive damages. In the first DePuy ASR Hip case heard in a California Superior Court in Los Angeles, the jury awarded the plaintiff, Loren Kransky, compensatory damages but not punitive damages.

The case being heard in Chicago is Strum v. DePuy, 2011-L-9352, Circuit Court of Cook County.

If you or someone you love has been injured by the DePuy ASR Hip implant, contact an experienced defective medical device lawyer at Carey Danis & Lowe. Receive a free legal evaluation by calling 800.721.2519 or by submitting a legal claim form.

FDA Sends Stryker Warning Letter about Negligent Business Practices

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

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FDA Sends Stryker Warning Letter about Negligent Business PracticesAccording to a Reuters report published on March 12, the U.S. Food and Drug Administration (FDA) has sent Stryker a warning letter about its business practices and its marketing strategy. The letter follows a visit by the FDA to a Styrker plant in November 2012.

The FDA visited a Stryker plant in Portage, Michigan to conduct an inspection, and discovered that Stryker, the manufacturer of orthopedic implants, had been marketing implants without FDA approval. Furthermore, Stryker had also recalled one of their products without communicating this action to the FDA.

It appears that Stryker had been marketing the Neptune Waste Management System without having received approval from the FDA.

In June 2012, Stryker issued a voluntary recall of two of their hip implant devices. The recall included the Stryker Rejuvenate and the Stryker ABG II modular-neck hip stems. According to the Stryker website, the medical device manufacturer recalled the hip stems due to reports of corrosion.

The Stryker Rejuvenate and the Stryker ABG II modular-neck hip stems are metal-on-metal hip implants, which have recently come under heightened investigation by the FDA due to an increasing number of adverse event reports.

Patients who have received implants of the Stryker hip stems have experienced adverse local tissue reactions (ALTR) that can result in tissue inflammation and pain in the hip implant area. Caused by the release of metal ions from a metal-on-metal hip implant, ALTR has also been linked to metallosis, bone deterioration, and tissue and muscle death.

To lawyers at Carey Danis & Lowe, the FDA’s inspection of the Stryker Michigan plant is a significant piece of upholding consumer safety. Defective medical device lawyers at Carey Danis & Lowe strongly believe in holding medical device manufactuers accountable for their negligent business practices, especially in cases where they market products that have not been FDA approved.

For more information about recalled Stryker products, contact Carey Danis & Lowe. If you have received a defective and recalled Stryker hip implant, contact a lawyer at Carey Danis & Lowe to discuss your case. Call Carey Danis & Lowe at 800.721.2519 or submit a legal claim form.