4 Patients File Lawsuit Against DePuy Over Recalled ASR Hips

An interesting lawsuit filed today on behalf of 4 patients who all had their failed ASR hip implants removed in a 2nd surgery.  The unique angle to this story is who they’re NOT suing.  Here’s a quote:

“We don’t believe in suing the doctors and hospitals because they did nothing wrong – this is a problem with the device,” stated attorney Altom Maglio of the DePuy ASR Hip Recall Law Firm Alliance. The Alliance has taken a strong stance that it will not represent patients in suing physicians or hospitals, but instead only prosecute suits against DePuy and its distributors.

Click on the link below for the complete case info:
Patients File Washington, DC Area Lawsuit Against DePuy Orthopaedics, Inc. Over Recalled ASR Hips.

Continue Reading 4 Patients File Lawsuit Against DePuy Over Recalled ASR Hips

Is the United States Ground Zero for ASR Hip Failures?

Interesting article showing the DePuy ASR Recall is indeed worldwide.  However the international connections to the US legal fight indicate that the United States may be ground zero for high ASR hip failures.

Australian Signs on to US Johnson & Johnson DePuy ASR Hip Implant Lawsuit

The Johnson & Johnson DePuy ASR hip implant recall was issued globally, and now it appears that lawsuits involving the defective hip implants are going global as well. According to a report out of Australia, one man in that country has already signed on to a class action lawsuit seeking damages on behalf of people injured by the recalled devices. Considering that thousands of people in Australia received a recalled Johnson & Johnson DePuy ASR hip implant, it is likely that more plaintiffs will follow.

Johnson & Johnson announced the recall of the DePuy ASR Hip Implant system last month, after data from the National Joint Registry of England and Wales showed that 1 out of every 8 patients (12%-13%) who had received the recalled devices had to undergo revision surgery within five years of receiving it. The recall involved the ASR XL Acetabular System, a hip socket used in traditional hip replacement, and the ASR Hip Resurfacing System, a partial hip replacement that involves placing a metal cap on the ball of the femur. Only the ASR XL Acetabular System was approved for use in the US.
The problems with the ASR system had been well documented well before the recall was issued. In March, DePuy Orthopedics warned that one of the devices appeared to have a high early failure rate. According to U.S. Food and Drug Administration (FDA) records, since early 2008, it received about 300 complaints on the ASR involving patients in the U.S.

At least 93,000 people around the world have received one of the recalled Johnson & Johnson DePuy ASR hip implants. Symptoms that an ASR hip implant has failed may include an increase in pain or difficulty walking. However, even patients not experiencing symptoms have been warned to have their implant checked out, as symptoms may not be present.

The recall has already led to the filing of product liability lawsuits in the US. According to a report in The Sydney Morning Herald, Brisbane-based Bob Lugton, 66, is the first Australian to join a US lawsuit involving the Johnson & Johnson DePuy ASR hip implant. Lugton, whose health has been severely compromised through leakage of cobalt into his body and degradation of the hip joint, is scheduled to undergo surgery next month.

Without the surgery, Lugton will be unable to walk, as his hip implant will eventually crack. But even once that is fixed, his blood cobalt levels are still 750 percent above normal. Lugton told the Sydney Morning Herald that the cobalt is “eating away” at his bones, causing other health problems.  It’s unlikely that Lugton will be the last Australian to file suit in the US. His attorney told the Sydney Morning Herald that they expected up to 700 Australians to be affected out of the 5000 implants that have been implanted there.

NewsInferno.com disclaimer: This article: Australian Signs on to US Johnson & Johnson DePuy ASR Hip Implant Lawsuit was posted on Friday, September 17th, 2010 at 9:23 am at NewsInferno.com

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How To Choose An Attorney if you Have a DePuy ASR Hip Failure Case

Let’s say you have a DePuy ASR hip implant and you’re having problems.  The Orthopedist says you’ll need a second surgery to replace the bad ASR.  Maybe you’ve already had the surgery and you’re on your second hip implant. Either way, its expensive, time consuming, and really painful.  You think to yourself, “its time to call an attorney.”

Your next problem is deciding who should represent you.  A quick search online and you’ll find hundreds of lawyers and law firms ready to take your case.  It’s always good to have choices, but here’s some advice on how to narrow it down to a law firm that’s best suited for your situation.

  1. FIND AN ATTORNEY WHO WILL REPRESENT YOU THEMSELVES WHEN YOU GET TO COURT– There’s something to be said for sitting down with the actual lawyer who will represent you and starting a relationship off on a personal level.  You are choosing a legal professional to speak on your behalf, so you should have that foundation of communication established.  You also want to know that your attorney will be the person actually litigating the case.  It’s like having a baby.  Sure, any doctor will do just fine in the delivery room, but most people want to know the physician getting them through this is the one who’s been with them through all 9 months of the pregnancy.
  2. HIRE A MEDICAL PRODUCTS LIABILITY LAWYER-  Not all law firms handle the same cases. You should look for an attorney who specializes in your situation.  You wouldn’t want your family doctor to perform heart surgery on you, right?  The same holds true for your attorney.  In the case of the DePuy ASR Hip Recall, look for a law firm that handles MEDICAL products liability.  It is a very narrow specialty and typically these attorneys have a strong medical background.

Ideally, a good rule of thumb is to choose a law firm with a long track record of representing other plaintiffs with similar medical product defects. The learning curve can be steep for these high profile cases, so why not find an attorney who already knows the ropes. For more information contact us at 888.952.5242.

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