Latest News

April 18, 2012 - News Update

As national ASR hip recall lawyers many of our cases are currently being set for trial or are set for trial. Our team's cases that are set for trial involve metallosis, pseudo tumors, necrotic tissue, complications with recovery (dislocations), loosening, complete failure of the hip system and explant or revision.

Our litigation teams have thus far taken depositions of DePuy consultants, employees, designers and officials all over America and throughout Europe.

April 1, 2012 - News Update

The current status of the ASR litigation is that our national litigation team has been taking depositions of DePuy ASR officials and current and former DePuy employees around the United States and throughout Europe.
Our teams have reviewed thus far 25 million documents provided by the defendants under court order.

Our teams have recently taken deposition from employees and officials at DePuy's Indiana corporate headquarters, England which is the site of DePuy's European headquarters, and New Jersey which is the site of DePuy's parent company, Johnson & Johnson's corporate headquarters.

Various depositions have been taken of employees, managers and scientists involved in the recall, marketing, and formulation of the defective ASR metal on metal hip implant.

Our teams are working around the clock for thousands of our ASR clients who are part of the national case, the Indiana case, the California JCCS case (Judicial Counsel Coordinated Proceedings), the New Jersey case and the federal MDL cases. We hope to have cases set for trial within the next few months. Our teams will be taking further depositions of additional Johnson & Johnson and DePuy management employees.

We are convinced that there is a manufacturer's defect because most of our clients' problems include high levels of cobalt, chromium and metal particles and ions. This is the metal debris generated as a result of the defective hip implant's design and manufacturing. Most of our metal on metal implant clients suffer from elevated metal blood levels. Our teams work closely with all types of medical doctors to pinpoint this issue and show that high blood levels, particles and ions are a direct result of the defective design and/or defective manufacturing. To this end we work with orthopedists, infectious disease specialists, vascular surgeons, toxicologists and epidemiologists.

We are investigating cases throughout all 50 states and continue to file cases for our new ASR victims (and for all metal on metal hip implant side effect claims). We are working very hard to obtain the highest monetary recovery possible for each of our injured ASR victims.

Over 30,000 ASR devices were implanted in the United States between late
2005 and August 24, 2010.

Thus far there have been 1,500 lawsuits filed in California. One of the reasons is that the physician creators of the implant device are located in L.A. and San Francisco.

It is our fear that almost half of all ASR implant victims will someday have to go through a revision procedure. We believe we will see more revision explant victims through 2016.

If you or a loved one had implanted in them the DePuy ASR at any time period and has recently been told further revision surgery may be necessary or blood tests are necessary, please contact one of our DePuy intake case specialists confidentially at no charge.

Please call us at 1-800-718-4658 and ask for Jennifer Poole or Jeffrey Nadrich. If you would like, please complete the free confidential case review on the right. We will try our utmost to promptly help you.

March 14, 2012 - Types Of Hip Replacement Surgery

March 14, 2012 Essentially, there are two types of hip replacement surgery. The first is called hip resurfacing when a metal cap is fitted onto the femoral head and the acetabulum (this is the socket of the hip joint) is realigned with an artificial cup.

In a total hip implant replacement the top of the femur is sawed off below the femoral head and the stem of the femur is carved out with the metal stem fitting into it. The surgeon then places an artificial femoral head on top of the revised stem.

It is important to realize that patients are of different size and shapes. It is up to the hip surgeon to choose the correct femoral stem based on the shape and size of the femur in order to meet the patient's anatomy and physical needs. Femoral heads can either be one piece or multiple pieces and also have multiple widths and heights. They can also be metal or ceramic. Similarly, acetabular cups come in different size and shapes. Some are metal, some are just a metal shell with a polyethylene or ceramic liner.

Some cups are held in place by screws, others need no pedicle screws because of the phenomenon known as bony ingrowth which firmly anchors the cup to the surrounding bone. This takes away the need for cement and screws to hold it in place.

The surface of the area where the cup and femoral head meet is called the articular surface. Often times these surfaces are made from either polyethylene, ceramic or metal.

Metal on metal hips (these are the ones which Nadrich & Cohen handle) always have metal femoral heads and metal acetabular cups. They have been available since the sixties. Metal on metal hips have become more popular for total hip replacement because of new metal alloys which allow the surfaces to be extremely smooth and include extremely fine tolerances so that the cup and head can fit together perfectly. The manufacturers believe that the hip system has a longer life span – 20 years or more – than the current non-metal hips.

Unfortunately, metal on metal hips have failed at much higher numbers than earlier hip implants. Many patients require revision surgery where the implant has to be removed and replaced.

The following side effects can be caused by metal on metal hips:

Loosening. This occurs when the cup becomes loose and revision surgery is necessary.
Metal poisoning. What happens is that the release of metal ions into the body are suspected to cause bone loss or osteolysis. This often occurs after the acetabular cup becomes loose.
Metallosis. This is the body's reaction to the metal ions and metal debris given off by the metal on metal hip cup and stem. The side effects include pseudotumors which is an encapsulated condition of metal stained fluid, tissue death and bone degradation. Sadly, once it begins the condition can only be successfully resolved by removing the metal ions and the metal on metal hip implant. When this occurs the metal on metal hip system must be removed otherwise continued damage to the bone, muscle and tendons will occur.
Cobalt and Chromium levels. Sadly, chromium and cobalt from the metal on metal hips as metal components are being delivered to the blood system. Testing of cobalt and chromium levels in the blood should occur on a regular basis. It is a problem because sometimes the cobalt and chromium elevated levels can be 150 times normal levels. This could be evidence that the metal on metal hip is wearing excessively.

The following are Nadrich & Cohen's current national lawsuits against Metal on metal hip manufacturers.

Zimmer Durum Cup. This was recalled in 2008. Our law firm has many such cases and has resolved many such cases. If you or a loved one had implanted in them a Zimmer Durum Cup, contact us immediately.
DePuy ASR. Due to the high failures of the DePuy ASR metal on metal hip system the hip system was recalled in a voluntary worldwide recall in 2010. We have hundreds of these cases. If you or a loved one had implanted in them a DePuy ASR hip please contact us today. We have created a national DePuy ASR team of experts, doctors, nurses and lawyers to handle everything you need.
DePuy Pinnacle. The Pinnacle system is also manufactured by DePuy. It is a metal on metal system which includes a modular acetabular cup with a cup liner made of metal or polyurethane. We are handling the metal cup liner cases.
Wright Conserve. This orthopedic company, Wright Medical Technologies, manufactures artificial hips which includes a metal on metal hip system.
Biomet Magnum. This orthopedic company, Biomet, manufactures artificial hips which includes a metal on metal hip system.

Remember, our cases are only against the manufacturer. Your orthopedic surgeon is always our ally.

February 20, 2012 Alert

The problem with the Wright Medical Profemur Total Hip System was that it did not undergo proper pre-market approval safety research as the manufacturer was able to obtain an exemption under a "Substantial Equivalent" exclusion which allowed Wright to bring the product to market without first conducting vigorous pre-market safety testing.

Sadly, now that the product has been in the marketplace we believe certain design defects in the hip have caused a high failure rate which includes the following:

Need for future hip revision surgery
Hip replacement failure
Fracture of the hip femoral neck
Pain and stability problems
Increased Cobalt and Metal blood levels

We believe the problem is that since the hip system was made to be pliable and flexible that it could lead to a decline in the components integrity leading to significant problems including a second or revision hip surgery.

There have been reports that the neck has broken and fractured even during regular physical activity. There have been reports that the stem can break, tilt, split, and fail.

If you or a loved one have experienced problems or the above side effects with the Wright Profemur hip contact our law firm for a free confidential consultation to determine whetheryou have a financial claim.

February 15, 2012 Alert – Nadrich & Cohen is Part of the National DePuy Lawyer's Consortium

Nadrich & Cohen's national DePuy group has filed over 100 DePuy ASR cases in California, Illinois, New Jersey, Pennsylvania and nationwide.

Nadrich & Cohen is part of the national DePuy lawyer's consortium which has filed over 285 cases against DePuy Orthopedics, a unit of Johnson & Johnson and its local distributors.

The suits allege that DePuy did not adequately test the ASR device before bringing it to the marketplace and that the risks of the metal on metal ASR hip device greatly exceeds its benefits.

The group represents currently over 850 DePuy victims nationwide.

The ASR was recalled in August 2010 due to the abnormal exceedingly high failure rates in which ASR patients required a second hip replacement after the ASR implants had severe complications.

Certain reports in the United Kingdom have concluded that 49% of the devices will fail within 80 months resulting in the need for corrective surgery. Since there were over 37,000 ASR devices implanted in the United States, there could be as many as 15,000 victims.

Sadly, the FDA had been getting complaints about the ASR for many years but DePuy did not take a proactive step in its recall until August 2010 admitting that the ASR artificial hip was a faulty product with an incredibly severe rate of failure.

Jeffrey Nadrich has concluded that there are many thousands more ASR patients throughout the country and in California who are not aware of the recall or of the potential side effects of their ASR artificial hip.

December 27, 2011 Alert – Failing metal hip implants projected to raise taxes, increase health care and insurance costs.

New York Times reporter Barry Meier speculates that the cost of increasing metal hip implant failures could extend beyond the settlement costs and legal fees faced by the manufacturers of these defective devices.

The article calls the rising tide of artificial hip implant failures the most widespread medical device failure in recent decades. The devices, which feature a metal cup and ball component, have been linked to severe pain, joint and tissue damage and metallosis, with many of the implants failing within the first five years.

Meier interviewed two patients who experienced complications after receiving one of the all-metal hip devices. Fifty-five-year-old Illinois resident Thomas Dougherty claims he owes nearly $450,000 in medical bills after he underwent revision surgery to correct damage caused by a failed metal hip implant. The surgery was unsuccessful and Mr. Dougherty suffered a fractured pelvis which has rendered him unable to work or perform simple daily tasks.

The pending litigation is believed to be some of the most complex and expensive in history, primarily due to the large number of claimants and the fact that multiple companies are involved. Among the companies being sued are Johnson & Johnson's DePuy Orthopedics division, Zimmer Holdings, Wright Medical Technologies, Inc. and Smith and Nephew.

The Johnson & Johnson Company currently faces the largest number of lawsuits which involved their DePuy ASR hip implant system. Approximately 3,500 claims have been filed since the device was recalled in August 2010. Another 560 claims have been filed from patients who claim they were injured by the company's Pinnacle hip system.

Citing the New York Times article, Forbes contributor Peter Cohan suggests that the lawsuits could top $5 billion in settlement and legal fees alone. The settlement figures are expected to dwarf those paid by Sulzer Orthopedics in 2001 to patients who received hip and knee replacements that were contaminated with industrial oil during the manufacturing process.

In addition to these costs faced by metal hip manufacturers, insurance companies and health care providers are expected to attempt to recoup some of the expense associated with caring for these patients. Medicare has also announced plans to use taxpayer monies to recover health care costs paid on behalf of metal hip implant recipients.

The law firm of Nadrich & Cohen LLP is committed to keeping patients aware of the latest developments in the defective metal hip litigation. If you or a loved one experienced pain, tissue damage or metal poisoning after receiving one of these devices, please contact our Injury Hotline at 1-800-722-0765 to discuss your case. Your initial evaluation is absolutely free and there is never a charge unless we recover a money judgment on your behalf.

September 20, 2011 Alert - Depuy ASR hip replacement revisions increases to 49% at six years post implant.

The 2010 Depuy ASR recall was of 90,000 defective hip replacement systems. Recent data is now suggesting that the failure rate is more than twice what was previously believed.

The March 2011 British Hip Society annual conference released a study which sadly concluded that between 21% and 35% victims who had the ASR hip system implanted underwent a revision surgery within four years of implantation. At six years the corrective percentage was as high as 49 percent.

The victims had intense pain including elevated cobalt and chromium based blood levels.

A further problem is the collapse of the ASR systems Trunnion, the component that connects the metal head or the ball to the stem.

Apparently, the trunnion excessively wears prematurely and corrodes.

This is a new and different problem for implant victims because they have to deal with an excessively worn trunnion after a revision surgery which could cause further revision surgeries as a direct result.

A recent British registry study has revealed that the seven year failure rate for metal hip replacements is 14 percent versus 4.7 percent for all other hip implants including non metal which are combinations of ceramic and plastic.

The Depuy ASR hip was supposed to last 15 years or more. Unfortunately, the ASR hip has been recalled and it has been shown that metal on metal hip replacement systems have experienced early failure after implant.

The purpose of our latest news is to advise the public what is going on with the Depuy ASR so that we can make everyone aware of this unfortunate circumstance of these implants.

If you or your loved one had a Depuy ASR hip replacement system and your unit has been recalled please contact one of our medical device specialists at Nadrich & Cohen for a free and confidential case evaluation. Please either complete the free case review on the right or call 1-800-718-4658.

We can provide you with resources and materials on cobalt chromium poisoning and the medical toxicology issues of the excessively worn metal.

August 2011 Alert - Zimmer Nexgen Knee Lawsuit Consolidation Formed In Illinois Federal District Court

An order was issued on August 9th by the United States Judicial Multidistrict Litigation Panel that all Zimmer Nexgen knee replacement lawsuits filed in federal court will have their case consolidated in an MDL in the Northern District of Illinois. The Zimmer Nexgen knee replacement lawyers at Nadrich & Cohen LLP are representing Zimmer Nexgen knee replacement victims throughout California and in all 50 states for the problems caused by the knee systems design defect. We are Zimmer knee replacement lawyers.

The MDL federal lawsuit will be called "The Zimmer Nexgen MDL."
Fortunately, each of our clients lawsuits will remain personal to each individual client. We will prove for each of our clients that their injuries were caused by a design defect. Each lawsuit will be decided individually. The Federal Court proceedings will be consolidated to reduce the risk of inconsistent rulings and save on costs of discovery.

We are accepting Zimmer Nexgen side effect victims in all 50 states who have suffered:

Knee pain
Difficult walking
Loosening of the knee system
Knee failure of the system
Need for revision surgery or revision / corrective has occurred.

We are contingency lawyers so there are never any fees, costs, or expenses until we obtain a recovery. Let our Zimmer Nexgen knee replacement attorneys evaluate your case for free today. Please either call us at 1-800-718-4658 or complete the free case review on the right for a free confidential case evaluation.

Recent additional data as of July 2011 has shown that a significant number of ASR revisions are due to metal debris from the hip implant devices metal components.

A Multi District Litigation (MDL) to process all lawsuits on the federal level has been formed in the Northern District of Ohio. We have ASR cases in the MDL federal court.

DePuy also makes another hip device which is a metal on metal hip implant known as the DePuy Pinnacle hip device. The Pinnacle metal-on-metal hip implant system is similar to the ASR. Sadly, reports have come in (and we have such clients) of the same metal poisoning and need for revision as the ASR model. As of May 23rd, a Pinnacle MDL has been formed for all federal court cases in the Northern District of Texas. We intend on filing some of Pinnacle cases in that court.

If you or a loved one has either a Pinnacle or ASR hip implant, you should have your claim reviewed by us and you should go to your doctor for an update. We are a national law firm reviewing Pinnacle and ASR claims in all 50 states. Contact us today at 1-800-718-4658.

The world wide recall of the DePuy ASR line
is because this is a metal on metal type of hip implant and it has been shown that normal wear can cause the release of metallic debris in the body. The Depuy Pinnacle line is similar in design. It is not part of any recall. We are telling all of our existing Depuy clients and all Depuy hip replacement victims that we interview that they should insist upon blood tests because such tests can be an excellent forecaster of some future hip failure.

We have found time and time again that the settlement offers from Depuy directly to recall victims include insurance co-pays and deductibles.

What that means is that under Medicare and ERISA related health insurance plans, you could actually be responsible for personally reimbursing these costs if you obtain recovery from a third party. In other words, the DePuy offer of settlement is inadequate as you could be liable yourself for part of the cost of the revision surgery. That should never happen.

We have also discussed with our orthopedic experts their belief that 100% of the Depuy ASR hip replacements may fail within ten years' of use. It is therefore imperative that you not sign away any legal rights with Depuy now that you may have in the future even though your ASR hip replacement is in fine working order. Contact us to allow us to make sure that your rights are protected, so, if God forbid, you need a revision surgery eight years from now you will be taken care of by DePuy.

Nadrich & Cohen is a California based medical device mass torts and personal injury law firm that handles hip replacement cases and other medical device and mass tort personal injury claims across the country.

We are very experienced in interviewing Depuy hip recall victims and handle these cases on a contingency basis, which means there is never a charge to our client until and unless we obtain a recovery from the manufacturer. We are meeting with clients all over the country who have had a hip replacement with a Depuy ASR XL Acetabular or Pinnacle hip replacement systems.

Read the Depuy ASR recall notice.

Click to read the official DePuy Orthopedics Press Release on the recall.

Article on NY Times about Depuy Recall

Read the Article on NY Times With Warning, a Hip Device Is Withdrawn.

Class 2 Recall - Depuy Recall - FDA

Read the official recall notice of the FDA's website. FDA Depuy Recall.

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