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North Dakota Archives - Carey Danis & Lowe

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.

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.

Most DePuy ASR Lawsuits Must Be Filed Before August 2012

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

Published May 18, 2012 on InjuryBoard

DePuy ASR hip implant patients in most states who do not file lawsuits before August 23, 2012 may lose their rights to compensation or to file a lawsuit. Every state has a law called the statute of limitations that sets a limited time period in which a lawsuit for compensation can be filed.

If a person with a legal claim or legal case fails to have a lawsuit filed on their behalf within this time period their claim can be forever barred. In summary, people who do not assert their rights in court within a limited time lose those rights and can never thereafter bring that claim.

Why is the Statute of Limitations for Most ASR Hip Implant Patients This August?

Every state has its own time limit for filing lawsuits called the Statute of Limitations. DePuy and Johnson and Johnson, the manufacturers of the ASR Hip Implant, have a right to have lawsuits dismissed or decided in their favor regardless of the injuries if the lawsuit is not filed in time to comply with the statute of limitations.

Most states in the United States use a two year time period for the statute of limitations. Other states may have a 1 year up to a six year time period for the statute of limitations. Different states use different rules to calculate when these time periods start running and when it is too late to bring a lawsuit. These calculations can be difficult to make and there have been many lawsuits over the running of the statutes of limitations in different types of cases.

Each person’s case should be carefully evaluated individually by an experienced lawyer because individual circumstances can affect calculating this time period. This blog is for general information and awareness and you should not use this information to make your own calculation to rely on for your case for the statutes of limitations.

This two year statute of limitations will run for many DePuy ASR hip implant cases because the official DePuy Recall Notice that received widespread publicity was issued on August 24, 2010. The two year period from that Recall Notice will expire on August 23, 2012. Thus, lawsuits for injured ASR patients must be filed in those states with a two year statute of limitations or it may be too late for those patients to make a claim.

Which States Have a Two Year Statute of Limitations

Arizona, Alabama, Alaska, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, North Dakota, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Utah, Virginia, and West Virginia are the states with a two year statute of limitations for injury cases.

However, the calculations used to measure the two year time periods are different in different states and it is important to have each case calculated by an experience attorney to be sure that the time period does not run out before the lawsuit is filed.

For example, the two year statute of limitations in Virginia is unusual in that the two year time period in that state runs from when the person first has pain or is aware of an injury even if that was before the recall of before they had any idea that DePuy might be responsible. So in Virginia it is likely that the statute of limitations may have already run on some cases where the person had pain from their hip implant before the recall date. It is possible that someone reading this blog could have a statute of limitations that will run tomorrow or next week!

Immediate individual legal advice is critical to making sure that the Statute of Limitation is not missed.

There are many states other than those listed above that have a statute of limitations of two years from the date of death if the implant caused a death. Some states have longer statutes of limitations for injury cases than for death cases.

Are There Exceptions to the Statute of Limitations?

There are few exceptions to the Statute of Limitations. One of the clearest is the Sailors and Soldiers Relief Act which can toll the statute of limitations for some active members of the military while they are in the service of our country. Tolling of the Statute of Limitations means that the time period is stopped from running. That means that some active military people could wait many years before having to file their cases. Our firm has had other types of cases where the statute of limitations has been tolled for decades while a military person is in active service.

Many states have what is called a “Discovery Rule” which means that the Statute of Limitations does not start until a person would reasonably know that they might have a liability claim. I believe many judges would rule that the widespread public dissemination of the DePuy Recall Notice of August 24, 2010 would start the clock running on the statute of limitations even if an individual person did not hear about it or know about it because the test is usually an objective test about what a reasonably informed person would know.

There is another highly complex legal rule called the “American Pipe Rule” that may be applied in some states if a class action is pending to toll the time period for an individual lawsuit for a person who would be a member of that class action. This theory should not be relied on for DePuy ASR cases because there is no viable class action that I know of. The ASR cases are coordinated for pretrial purposes in a federal multidistrict proceeding called an MDL but this is not a class action and will not toll or stop the statute of limitations from running in an individual case unless an individual case is filed for that person.

Mental incompetence can be an exception in some states that could extend the statute of limitations. For example, someone with severe Alzheimers disease might qualify in some states for an extension to the statute of limitations.

Final Advice on the Statute of Limitations for ASR Lawsuits

Every person with a DePuy ASR Hip Implant should have a detailed review of the statute of limitations done by an attorney experienced in medical product liability cases. This review should be done immediately because once the statute of limitations has run there is no way to reopen or restart it. Once the statute of limitations has run it is too late to ever bring a lawsuit for harms and injuries from the defective ASR metal on metal hip implants.

Do Not Rely on this blog as a substitute for an individual legal review of your individual case facts. This blog is to increase general knowledge and awareness of these issues and not to give any legal opinion on any individual case.

I am happy to give individual case opinions at no charge if I can review the specific facts of your case and compare them to the laws of the statute of limitations applicable to your specific case. If you have retained a lawyer to represent you then you should contact that lawyer for an opinion on the statute of limitations.

Every person who has not already filed a lawsuit should obtain a legal opinion on the statute of limitations from me or any other experienced medical device product liability attorney as soon as possible to protect their legal rights .