DePuy Expert Says Recalled Hips are Not Defective and Blames Surgeons

(February 27, 2013 – WASHINGTON, D.C.)  Johnson  & Johnson is claiming that their recalled DePuy ASR hip replacements are not defective and is blaming surgeons for their extreme failure rate. An expert witness for Johnson & Johnson, Dr. Avram Edidin,  testified at trial this week that there are no design flaws in the DePuy ASR  hip implant, even though the company itself determined that the hip replacement was defective. Johnson & Johnson’s expert witness blamed the ASR failures on surgeon placement rather than on a poorly designed hip product. Dr. Edidin was supposed to bolster J&J’s position in the case as an expert in the engineering of orthopedic devices, but his testimony will undoubtedly backfire for J&J as surgeons become outraged at being blamed for these failures.

Blaming Surgeon Placement

The cross-examination of Dr. Edidin provided moments straight out of a  television court drama. Edidin testified that X-rays show the surgeon, in this case, implanted the hip cup at a 63 to 65-degree angle. He blamed this 65-degree inclination angle on the high metal wear experienced by the patient. Plaintiff’s attorney, Michael  Kelley, then calmly placed a simple plastic protractor over the X-ray in question and showed the angle of the hip cup was actually 57.5 degrees. Kelly  then asked Edidin, “You are aware you can find a protractor at Walgreens, are  you not?” It was a moment of courtroom theatrics that lawyers dream about.  Edidin did not explain the discrepancy.

Expert Claims ASR Hip Flawless

Dr. Edidin, who spent most of his career focused on spines, not hips, stood firmly behind the DePuy ASR, saying he saw no flaws or defects with the implant when he reviewed the design plans. However, attorney Michael Kelly followed up  Edidin’s testimony by showing the jury an internal DePuy document labeling the  ASR as a “defective product that would affect product performance and/or could  cause health problems.” Asked if Edidin knew more about the design of the ASR  hip than the DePuy President whose signature appeared on the report, Edidin  replied, “yes.” Kelly followed with a one-two punch asking, “have you called  them and asked them to put it back on the market?” Edidin answered, “no.”

Multi-Billions Allocated to Settle MoM Hip Cases

The company has reportedly set aside about $4,000,000,000 to cover costs of metal on metal hip cases. However, due to the number of lawsuits, settling the defective ASR  litigation could end up costing Johnson & Johnson even more. So far, this first ASR trial has gone badly for J&J, with several company defense witnesses giving testimony that better supports the victim’s case.

Maglio  Christopher & Toale, PA is a leading law firm in the ongoing  DePuy ASR litigation. They filed one of the first lawsuits against DePuy and have played a key role in the legal proceedings leading up to this point. The law firm does NOT file lawsuits against orthopedic doctors.  Actually, our attorneys work very closely with our client’s Orthopedic Surgeons to help build their case against DePuy. We strongly believe the problem is with the product, not the surgeon or the surgical technique.

If you were hurt by a defective DePuy ASR Hip Implant, contact the attorneys at  Maglio Christopher & Toale, PA. They’ll talk to you about the best way to move forward with your case against DePuy Orthopaedics, Inc. and Johnson &  Johnson. Contact their offices at (888) 952-5242 or fill out their online case evaluation form.

The trial is Kransky v. DePuy, BC456086, California Superior Court, Los  Angeles County (Los Angeles).

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$61 Million Vaccine Injury Compensation Settlement for DTaP Reaction

(June 21, 2011 – WASHINGTON, D.C.)  $61 Million Dollar Settlement With Payout Over Child’s Expected Lifetime Negotiated by Attorneys at Maglio Christopher & Toale, P.A. for DTaP Vaccine Reaction

S.M.* was born a normal and healthy baby girl in August 2005, weighing 7 lbs. 12 ounces.  Two months later, her short, healthy life changed tragically because of a rare and severe vaccine reaction.

Only hours after baby S.M. received routine diphtheria, tetanus, and acellular pertussis (DTaP) vaccination, she started to have seizures, abnormal breathing, irregular heartbeats, and at 6:05 am the next morning, her heart stopped completely.  It took 6 minutes of CPR to revive her.  She has spent that last 6 years of her life suffering from cognitive delays, cerebral palsy, encephalopathy, and seizure disorder; all because of an unexpected adverse reaction.

Vaccine attorneys at the law firm of Maglio Christopher & Toale, P.A., who represented S.M. and her family determined that the case was clearly a result of a terrible reaction to the DTaP immunization.  In fact, after reviewing the case submitted by Maglio Christopher & Toale, PA, the Division of Vaccine Injury Compensation of the Department of Health and Human Services agreed that S.M. was indeed be entitled to compensation.  “S.M. will need complete, around-the-clock medical care for the rest of her life,” says the family’s vaccine attorney, Anne Carrión Toale of Maglio Christopher & Toale, PA. “The $61 million dollar settlement amount to be paid out over S.M.’s lifetime is meant to pay for this care.” The settlement totaling $61 million when paid out over the child’s expected lifetime was not reduced by Maglio Christopher & Toale, PA attorney’s fees and the case’s costs as they were awarded separately by the Court.

This vaccine case was medically complicated and the child’s future needs were extensive.  “Without legal representation, it could have turned out very differently,” says Toale.  “That is why we strongly recommend that anyone considering filing a vaccine case hire an attorney who is experienced in vaccine cases to represent them, especially since there is no cost to victims at all.”  Maglio Christopher & Toale, P.A. has been representing vaccine injured patients for well over a decade and currently represents hundreds of patients experiencing adverse reactions to vaccines across the United States.

What is the NVICP?

In 1986, Congress set up an elaborate system to compensate patients injured by adverse reactions to vaccination called the National Vaccine Injury Compensation Program.  Since its establishment, the Program has paid out more than a billion dollars in vaccine claims and currently holds more than three billion dollars in trust for future claims.  Whether a patient is to be compensated for a vaccine injury is determined by the United States Court of Federal Claims in Washington, DC.  Awards by the Court go directly to vaccine injury victims.  Attorneys are paid separately for their time by the Court so that there are no legal costs to the victims, even if they do not win their claims.  “Not only do very few patients know about the vaccine injury compensation program, very few doctors and lawyers know about it,” says Altom Maglio, managing attorney of Maglio Christopher & Toale, P.A.  “It’s a huge help in putting our clients’ lives back together.  Compensation for medical expenses, lost wages, and some compensation for pain and suffering is huge when your life has been turned upside down.  But there is a very short window to file your claim,” warns Maglio.

For more information on the National Vaccine Injury Compensation Program, or if you are a victim of a vaccine injury, contact the law offices of Maglio Christopher & Toale, P.A. at (888) 952-5242 or fill out our online vaccine injury case review form below.

Click on this link to see a redacted copy of the decision in the case of S.M. vs. Health and Human Services

*Attorneys for the victim are withholding her name because of medical privacy issues and because she is a minor.

Continue Reading $61 Million Vaccine Injury Compensation Settlement for DTaP Reaction

Maglio Christopher & Toale Celebrates 10 Years

(March, 2009- Sarasota, FL) The Maglio Christopher & Toale Law Firm is pleased to celebrate 10 years in business.  The Firm was founded on March 1, 1999 by Altom M. Maglio and has since grown to encompass a wide variety of practice areas and attorneys.  The Firm would like to thank its clients for their trust and loyalty for all these years.


Contact MCT Law at 888.952.5242 or fill out a form below for a FREE Case Review.

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