»August 1, 2013 – News Update
August 1, 2013
Thus far two cases have been tried. The first in California resulted in a plaintiff’s verdict. The second in Illinois resulted in a defense verdict. There are three more cases currently set for trial in California courts in 2013. The next case in Illinois is currently set for December 2nd, 2013. There is also a September 9th, 2013 trial date set in Ohio as part of the Multi District Litigation.
» March 1, 2013 - News Update
March 1, 2013
The Johnson & Johnson DePuy ASR hip implant Los Angeles trial has now gone to the jury. After a three week trial the case of Loren Kransky of Montana has gone to the jury.
Mr. Kransky suffered metal poisoning and other significant problems due to the DePuy ASR XL hip implant which was recalled in 2010. Johnson & Johnson defended that the cause of Mr. Kransky's injuries was due to other problems such as diabetes, kidney cancer etc.
Johnson & Johnson has recalled 93,000 ASR artificial hips since 2010.
This trial is the first of thousands of lawsuits which will go to trial against Johnson & Johnson surrounding its ASR all metal hip.
Documents have shown that 44% of all ASR hips have endured some failure.
Even DePuy's internal analysis estimates 37% may need to have a hip replacement within the first five years.
All metal hip sales represent 40% of all United States hip replacement in 2008. Since that time less and less have been implanted. Estimates are that 750,000 implants have occurred throughout the country. Failure and complication rates with metal on metal hips are significantly greater than non metal on metal hip replacements.
Our national hip ASR litigation team has over 1,000 cases.
If you or a loved one suffered complications or side effects from a DePuy ASR hip or any metal on metal hip replacement please contact one of our hip specialists at 1-800-718-4658.
There is no charge for our services since we are a contingency law firm.
» January 31, 2013 - News Update
January 31, 2013 - News Update
Los Angeles trial begins in Johnson & Johnson DePuy ASR lawsuit.
Plaintiff lawyers have begun their trial concerning a defective hip victim of the DePuy ASR recalled metal on metal hip system. This is the first of 10,000 lawsuits to go to trial related to the recall.
The case involves an ASR XL hip implant which was revised in 2012.
We believe that the DePuy ASR hip system was dangerous and defective in its design. What the legal team is arguing in this case (which is our argument in all of our cases) is that the metal on metal hip causes debris from the metal ball to flake off or migrate causing metal ions to enter into adjacent tissue and the blood stream, leading to unacceptably high metal levels in the blood.
While the trial is occurring in Los Angeles much of the evidence has been consolidated in Multi-district Litigation in Toledo, Ohio. There are currently 7,240 cases pending in Ohio; California state court has more than 2,000 cases pending. There are additional cases in state courts throughout the United States.
Our argument of the defective design of the product is that the metal cup sheds debris (metal ions) into the body. The result is high cobalt, chromium (both metals) levels in the blood as the metal cup continues to remain in the body.
We argue that DePuy did a unacceptable small amount of testing of its metal on metal implants before obtaining approval under the 510k limited exemption process. DePuy never did a controlled clinical study prior to releasing the product into the marketplace.
Doctors in Ireland and The Netherlands, as early as 2005, voiced their concerns about the failure rate of the DePuy ASR product.
We will keep our readers up to date periodically on the outcome of this trial.
If you or a loved one has suffered from the DePuy ASR hip recall please contact our offices today. We have a hip recall intake specialist available to speak with you.
The DePuy lawyers at Nadrich & Cohen, LLP represent consumers across the United States in order to pursue a monetary recovery as a result of DePuy Johnson & Johnson’s decision to place profits over safety.
Please contact us for a free consultation for you or your loved one.
For us to review whether or not you have a case please complete the confidential “Do You Have A Case?” evaluation.
» October 5, 2012 - News Update
October 5, 2012 - News Update
The New York Times reports that metal on metal hips are failing at an increasing rate.
Sadly, metal on metal hips which have been very popular in the last 8-10 years have been failing at a highly increased rate. Even more sadly is that some patients with these all metal hips – hips in which the cup and the ball of the joint consist of metal – have told the New York Times that many doctors refuse to actively treat them or properly diagnose their condition. There are reports of hip patients who have seen multiple doctors who told them not to worry or gave them the wrong treatment plan. Many people are not obtaining or being ordered diagnostic tests specifically for metal related damage.
The New York Times reports that researchers believe that the particles released by metal on metal hips release debris which the body converts into biologically active metallic ions. Sometimes, this phenomenon destroys tissue and muscle.
The New York Times reports than an estimated 500,000 people have received all metal hips in the last 10 years. Studies suggest that over time tissue destruction will occur in more patients even if they don't have any obvious symptoms of pain.
An English study concluded that metal on metal hips are failing at three times the rate of metal on plastic hips. From January through June of
2011 the FDA received more than 5,000 reports of metal on metal hip problems.
Patients who receive a metal hip for the process known as resurfacing, which is a different procedure from traditional hip replacement, also are having the same problems.
Dr. Kwon at Massachusetts General Hospital, orthopedist, sees many patients of all metal hips. He has authored several studies linking metallic debris and aberrant tissue growth.
British researcher Dr. David Langton was part of the team which initially caused the DePuy division of Johnson & Johnson to recall its ASR hip replacements.
In 2011 the FDA ordered all metal on metal hip manufacturers to develop individual manufacturer product studies so that they can determine themselves and report to the FDA the percentage of hip devices which are failing. The studies will take years to complete.
» August 20, 2012 - News Update
August 20, 2012 - News Update
Lawyers have filed a Petition seeking all Biomet M2A-Magnum hip replacement lawsuits to be consolidated in a Federal Multi-District Litigation or MDL. This mean that all cases pending in different federal courts throughout America will be consolidated with one judge in one court for the purpose of handling of pretrial discovery against the manufacturer/defendant. This is not a class action. It is called a mass tort.
On September 20, 2012 the United States Judicial Panel on Multi District Litigation (JPML) will decide the request during its hearings in New York.
The reason for the request is that the Biomet hip side effect victims (including our clients) who have filed lawsuits against Biomet will have all their cases consolidated in one federal district court. This will reduce repetitive pretrial proceedings and will include more evonomically obtaining all evidence and more easily deposing the necessary witnesses.
Thus far, at least 40 Biomet lawsuits have been filed. All the lawsuits involve serious side effects due to the Magnum metal on metal hip implant system including revision, metallosis, high cobalt or chromium levels due to metal debris or ions being transmitted from the metal hip parts to the surrounding tissue.
Our experts have concluded that the reason for the high incidence of problems with the Biomet system are the design defects caused by the metal on metal hip system.
Even though the Biomet cases may be coordinated and consolidated in an MDL proceeding. Actual damages will be determined individually for each plaintiff. Remember, the injuries and damages are unique to each plaintiff.
Thus far, the United States Judicial Panel on Multi District Litigation has consolidated three other metal on metal hip replacement litigations including the recalled DePuy ASR hip metal on metal replacement system, the DePuy Pinnacle metal on metal hip replacement system and the Wright Conserv hip system.
The plaintiffs have recommended either San Francisco or New York for the MDL location. Biomet has recommended either New Jersey or New York.
Nadrich & Cohen is an experienced national hip replacement law firm. We are actively interviewing throughout the country side effect victims of the Biomet M2A-Magnum. Side effects including:
- High cobalt / chromium levels.
- Hip revision surgery.
- Loosening of the Biomet system.
Please contact us today to request a free consultation.
You can call us at 1-800-718-4658.
» Smith and Nephew June 2012 hip recall
Smith and Nephew June 2012 hip recall.
On June 1st, 2012, Smith and Nephew, a medical device manufacturer, recalled its metal hip replacement known as the Optional metal liner component of its R3 acetibular system. The hip replacement was recalled due to an abnormal high number of side effects caused by it. The metal liner was brought to market in 2007 and sold worldwide in 2009. Over 7,500 patients have been implanted with the Smith and Nephew hip and therefore have been impacted.
These recalled metal liners were used in total hip replacements.
The company stated the following in its June 1st recall:
"We regularly review the effectiveness of our products and are not satisfied with the clinical results of this component."
Patients have reported side effects as follows:
We believe this adds to the issue of the safety of all metal on metal hip replacement devices.
This follows the August, 2010 DePuy Orthopedics worldwide recall of their ASR hip implant. 93,000 were affected by that recall. There are lawsuits filed all over the United States concerning the ASR hip device as well as other metal on metal hip replacement systems.
If you or a loved one had a total hip replacement and have suffered side effects due to a metal on metal hip system please contact a hip intake specialist at the national law firm of Nadrich & Cohen. Please call 1-800-718-4658 anytime.
We specialize in all metal on metal hip replacement side effect cases including:
- DePuy ASR;
- DePuy Pinnacle metal on metal;
- Wright Conserv hip replacement;
- Biomet Magnum hip replacement
Smith and Nephew Optional Metal Liner Component of the R3 Acetibular System.
We and our partners have been filing lawsuits on behalf of hip recall side effect victims nationwide.
Please contact one of our lawyers today for a free case evaluation.
» April 1, 2012 - News Update
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 - 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
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 whether you have a financial claim.
» February 15, 2012 Alert – Nadrich & Cohen is Part of the National DePuy Lawyer's Consortium
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.
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
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.