Judge Orders Biomet Internal Documents to go Public

Internal documents about metal on metal hips that Zimmer Biomet (ZBH) fought hard to keep secret are now public, and some of the contents are troubling.Recently, a judge ruled in favor of mctlaw demand to unseal dozens of Zimmer Biomet’s internal corporate documents that were kept hidden from the public.Among the unsealed documents is a memo prioritizing […]

Biomet Reports Show Rising Litigation Liabilities for Metal Hips

JANUARY 17, 2020 (Sarasota, FL)  — Zimmer Biomet Holdings’ (ZBH) most recent quarterly financial report puts the litigation liability for the M2a-Magnum hip at $65.7-million. Since May 2018, the expected cost of litigation from the M2a-Magnum metal on metal hip keeps going up quarter after quarter, based on the company’s financial reports. Litigation liability is […]

What is the Status of the Biomet Hip Litigation?

mctlaw Attorney Michael Cowgill explains the status of the Zimmer Biomet Litigation. To date, Zimmer Biomet is the only metal on metal hip manufacturer who has yet to face a jury in trial. “We’re looking forward to finally having our day in court for our clients” says Cowgill. In May, Maglio Christopher & Toale, P.A. and its’ co-counsel […]

Typical Settlement Amount in a Metal on Metal Hip Lawsuit?

Attorney Michael Cowgill discusses metal on metal hip replacement case settlements and why they can vary. It is not possible to give specific details on any settlement amounts, they are confidential. But mctlaw attorneys can say that they work tirelessly to fight for amounts that our clients deserve. “What I can tell you is that when we […]

Biomet (ZBH) Facing 19 Trials On Metal on Metal Hips

Sarasota, FL — (December 17, 2019) Zimmer Biomet Holdings, Inc. (NYSE:ZBH)  (SWX:ZBH) is facing almost 20 jury trials across the country between 2020 through 2021. The barrage of trials begins May 2020 in Seattle, WA and spans venues across the country. The trials involve patients suffering heavy metal poisoning from Biomet metal on metal hip replacements. The patients in these […]

Storyline About MoM Hips Featured on NBC Show New Amsterdam

NBC’s newest medical drama, New Amsterdam, took on the metal on metal hip crisis in one of its storylines this week.  The season 3, episode 3 show is titled “Revision”  and follows a construction worker named Vincent who comes to the hospital for symptoms of a heart attack, but it turns out to be cobalt blood […]

10 Signs your Metal on Metal Hip May be Going Bad

If you have a Metal-on-Metal (MoM) hip implant, you may have heard the term “revision surgery” before. But what is revision surgery, and how can you tell if you need it? Revision surgery is a procedure in which a broken, worn out, or unsafe hip implant is removed and replaced (in whole or in part) […]

Maglio to Lead Pinnacle/ASR Attorney Group

Attorney Altom M. Maglio was elected to lead a group focused on the ongoing litigation against Johnson & Johnson over the company’s Pinnacle and ASR metal on metal hip replacements. The American Association for Justice (AAJ), the primary organization for plaintiffs’ trial lawyers in the United States, recently elected Mr. Maglio Chairman of the DePuy Metal on Metal Hip […]

Injured Patients Motion for Status Conference

On behalf of our clients, Maglio Christopher & Toale, P.A. filed a “Motion and Incorporated Brief for Case Management Conference” with the Court overseeing lawsuits involving Johnson & Johnson’s DePuy Pinnacle metal on metal hip replacements. The motion requests that the judge overseeing the national litigation, Judge Ed Kinkeade, “schedule a case management conference to […]

Investigating FDA’s Hidden Reports

Kaiser Health News recently released an article that reveals a secret FDA reporting avenue that is not accessible to the public. Most doctors and healthcare providers don’t even know about it, which limits their search for any known problems or defects with medical devices they may use.  mctlaw Attorney Ilyas Sayeg explains why our Metal on […]

Women Possibly At Higher Risk for Medical Device Failures?

“Are women more likely to be harmed by medical device failures?” By: Ben Hallman https://www.icij.org/blog/2018/12/are-women-more-likely-to-be-harmed-by-medical-device-failures/ For the last year, the International Consortium of Investigative Journalists has been investigating the medical device industry around the world. They found that there are very relaxed regulations in the implant industry, which allows dangerous products, like metal on metal […]

Victims & Medical Professionals Not Warned of Product Failures

Article link: https://www.icij.org/investigations/implant-files/hidden-dangers-patients-doctors-not-informed-of-defective-implants/ Article title: Hidden Dangers: patients, doctors not informed of defective implants By Spencer Woodman This article begins with the story of Vijay Vojhala, an Indian man who received a Johnson & Johnson metal-on-metal hip in 2008. Vojhala’s implant was the DePuy Orthopaedics ASR hip system. In 2011, Vojhala went to a medical product […]

European Lobbying Impeded on Safety of Medical Devices

Article Link: https://www.icij.org/investigations/implant-files/how-lobbying-blocked-european-safety-checks-for-dangerous-medical-implants/ Article Title: How lobbying blocked European safety checks for dangerous medical implants By Simon Bowers In recent years, there have been two major attempts to increase safety regulations for medical implants in the European Union. However, lobbyists have shot down both of these reform attempts by misleading policymakers about their products. Public […]

Victim Hope Fluctuating

Article Link: https://www.icij.org/investigations/implant-files/patient-hopes-rise-and-fall-as-an-industry-balances-progress-and-profit/ Article Title: Patient Hopes Rise and Fall as An Industry Balances Progress and Profit By Dean Starkman and Delphine Reuter The article starts with a description of a 2008 sales meeting for DePuy Orthopaedics, Inc., a subsidiary of Johnson & Johnson. The sales gathering was more of a party than a meeting: […]

Medical Devices Cause Unexpected Issues in Patients

Article link: https://www.icij.org/investigations/implant-files/medical-devices-harm-patients-worldwide-as-governments-fail-on-safety/ Article Title: Medical Devices Harm Patients Worldwide as Governments Fail on Safety By ICIJ This article is the result of an extensive study involving over 250 journalists across 36 countries. The investigation found that, in recent decades, medical implants have caused patients a great deal of harm because governments have approved them […]

Defective Medical Device Victims Speak Out

Article Link: https://www.icij.org/investigations/implant-files/patients-fight-for-answers-as-broken-implants-cause-unseen-agony/ Article title: Patients Fight For Answers as Broken Implants Cause Unseen Agony. By: Spencer Woodman This article highlights the heartbreaking stories of patients around the world who received faulty medical device implants. In doing so, they interviewed Jeong Sang-Ho, a 47-year-old from Seoul, South Korea, who is currently embroiled in a years-long […]

Both Sides Close to a Deal in Pinnacle Hip Implant Cases

Good News for Potential Pinnacle Hip Lawsuit Settlements A global settlement may come soon in Pinnacle hip implant lawsuits across the country.  One of the attorneys working on the deal announced that both sides reached a tentative agreement. The deal would resolve most of the 10,000 lawsuits currently filed against Johnson & Johnson and the […]

J&J To Pay $120 Million to Settle False DePuy Marketing Claims

Johnson & Johnson agrees to a pay $120-million settlement.  The attorneys general of 46 states announced the victory today.  They sued J&J over deceptive and misleading marketing practices. The states claimed Depuy told patients the ASR XL and Pinnacle Ultamet hips would last at least 5 years.  In reality, European health regulators reported that 95% […]

Demand the FDA Recalls the Biomet M2a Magnum

Maglio Christopher & Toale, P.A. created a petition demanding the FDA recall these defective metal on metal hip replacements.  Please consider signing below, and sharing to friends and family. mctlaw Petition Please click here to sign the petition.

NBC Biomet Report Features Patient Represented by MCTLaw

NBC News investigative reporters sat down with Andrew Chappell to speak about his Biomet M2a hip replacement nightmare. Reporters wonder why seven nations, including Australia and Germany, knew about serious problems with the Biomet M2a hip implant and issued warnings, but neither Biomet nor the FDA warned American patients like Andrew. “Throughout the extensive litigation, […]

DePuy Allegedly in Process to Settle Pinnacle MoM Hip Cases

According to court documents released on Monday, November 26th, 2018, DePuy, the manufacturer of the Pinnacle hip, appears to be in the process of settling thousands of their Metal on Metal hip cases within the Multi-District Litigation.  Typically, court documents that talk of the payment terms for attorneys are produced when the settlement process begins. […]

FDA to Overhaul of System that Approved Defective Metal Hips

On Monday, the Food and Drug Administration (FDA) announced that it will overhaul the way medical devices are tested and approved. The changes will force device makers to design their newest devices on more updated and recent technology. The FDA’s sudden announcement came just one day after a worldwide investigative report into medical device safety, […]

CA Lawsuit Claims Biomet Misleading with False Info

(Sacramento, CA – November 23, 2018)  Three California residents filed a lawsuit in Sacramento County Court against Biomet Orthopaedics.  The suit says that Biomet sold defective Magnum metal on metal hip replacements to these patients, who all experienced heavy metal poisoning which destroyed muscle, tissue, and bone in their bodies.  The lawsuit also details how Biomet […]

“The Bleeding Edge” Documentary and Problems with FDA

You may have seen or read about the recently released documentary The Bleeding Edge. If not, it is presently available on Netflix. The documentary discusses the problems with the FDA regulation of medical devices and metal on metal hip replacements in particular. The Bleeding Edge is a great example of what strong journalism can do. The Essure […]

6/13/18 Punitive Damages Allowed-Biomet Knew of Metal Hip Flaws

A Florida judge allows the attorneys at Maglio Christopher & Toale, P.A. to go after punitive damages against Zimmer Biomet as part of three Florida residents’ lawsuit in Fort Lauderdale. Punitive damages are a type of financial punishment against a company for intentionally bad behavior or misconduct. The standard for punitive damages in civil court […]

Higher Wear Rates for Biomet Hips than Other MoM Hips

Title: Explant Analysis of the Biomet Magnum/ReCap metal-on-metal hip joint Abstract Metal-on-Metal (MoM) hip resurfacing implants and MoM total hip arthroplasty (THA) implants have recently been questioned by the medical community because of their high revision rates. Understanding the reasons for failure can provide insight into how implants can be improved. Furthermore, looking at the […]

Biomet M2a Magnum Hip is Hard to Revise

Title: Modular to Monoblock: Difficulties of Detaching the M2a-Magnum Head Are Common in Metal on Metal Revisions Where Are We Now? Metal-on-Metal total hip arthroplasty (MoM THA) implants consist of many metal parts that rub together over the course of normal use. The medical community used to think that corrosion — which is essentially rusting […]

Study: Biomet M2a Magnum Heads Greatly Increase Risks

Title: Modular to Monoblock: Difficulties of Detaching the M2a-Magnum Head Are Common in Metal-on-metal Revisions Abstract Metal-on-Metal total hip arthroplasty (MoM THA) implants are made up of a variety of components. One common component is the modular head; it is supposed to be easy to remove during revision surgery. However, it can actually be incredibly […]

Study: Metal Hips Cause Higher Metal Ion Levels than Resurfacing

Title: Higher Blood Cobalt and Chromium Levels in Patients with unilateral metal-on-metal total hip arthroplasties compared to hip resurfacing Abstract High cobalt and chromium levels in the blood are known to cause negative side-effects in patients with metal on metal hip replacements. This study discusses the risk factors and the overall likelihood that that people with […]

~9% Chance of Pseudotumors 5 Years After Biomet Magnum M2a Hip

Title: A 5-year survival analysis of 160 Biomet Magnum M2a metal-on-metal total hip prostheses Abstract Large-head metal-on-metal (MoM) total hip arthroplasties (THA), or hip implants, have high failure rates. This study looks at the conditions of 160 hip devices 5 years after implantation in order to determine their failure rate; all 160 devices were Biomet […]

Monitor for Cobalt Chromium Levels and Pseudotumors Very Early On

Title: Clinical and Wear Analyses of 9 Large Metal-on-Metal Total Hip Prostheses Abstract All patients in this study had the Biomet Magnum (M2a-Magnum™) hip implant with a Recap cup and Taperloc (Taperloc1 Hip Stem) or Mallory stem. This study attempts to figure out the underlying reasons for implant failure by looking at the wear analyses […]

FL Biomet Hip Lawsuit: Metal Poisoning, Loopholes, etc.

(Ft. Lauderdale, FL – May 3, 2018)  Maglio Christopher & Toale, P.A. files yet another lawsuit against Biomet Orthopedics on behalf of 3 Florida patients who all had to undergo traumatic hip revision surgery because of their defective Biomet Magnum hip implants. Patients Facing Medical Crises from their Biomet Magnum Hip Implants Robert Bloom’s Biomet […]

Metal Hips Cause Levels 26x Cobalt Increase and 15x Chromium Increase

Title: The Effect of Different Bearing Surfaces on Metal Ion Levels in Urine Following 28mm Metal-on-Metal and 28mm Metal-on-Polyethylene Total Hip Arthroplasty Abstract Total hip arthroplasty (THA), or hip replacement surgery, is known to increase levels of metal ions in the body. This is because the implant devices can shed metal particles into the body. […]

2/21/18 Biomet Leaders Forced into Depositions with MCT Law Attorneys

Maglio Christopher & Toale, P.A. is the only law firm in the country allowed to question Biomet representatives under oath about the connection between alleged unethical business practices and their M2a metal on metal hip implants. In a courtroom hearing, our legal team won the ability to force Biomet to sit for depositions.  During these interviews, […]

1/31/18 Documents Find Bad Quality Control at M2a Production Plant

Maglio Christopher & Toale, P.A., and its partner Nash & Franciskato are the ONLY law firms in the country to demand and get access to internal Biomet documents showing dangerous quality control issues at the plant where Biomet made the M2a Hips. Uncovering the Full FDA Inspection Report of Biomet’s Warsaw Facility In the fall […]

1/11/18 – MCT Law Forces Biomet to Produce Internal Sales Training

Losing patience with Biomet, the Court forces Biomet to produce its internal communications with its sales representatives and to explain what efforts it actually took to find the requested communications. Read Order Forcing Biomet to Produce Internal Communications Defective Metal on Metal Hip Replacement? Contact MCT Law for a free case review by calling 888.952.5242 […]

06/17 Biomet Forced to Produce Documents with Electronic Search

In extensive arguments with Biomet, Maglio Christopher and Toale, P.A., convinced the court that Biomet’s search protocols for the MDL documents were so poor that they resulted in the production of a large number of useless and irrelevant documents. These only served to confuse the issues and make more difficult the job of proving Biomet’s bad […]

Attorneys Ready for First US Trial Against Biomet Over M2a Hips

(Sarasota, FL – March 20, 2018) The first Biomet M2a metal on metal hip replacement trial in the United States is set for September 2018 in Ft. Lauderdale, Florida.  It is a significant legal challenge to Biomet Orthopedics since the company has not yet faced a single trial over their M2a-38 and M2a-Magnum hips. The injured […]

Metal on Metal Hips Linked to Early Onset Dementia and Depression

Title: “Neuropsychiatric symptoms following metal-on-metal implant failure with cobalt and chromium toxicity” Abstract Many metal-on-metal (MoM) total hip replacement implants have been recalled due to high failure rates. This study assesses the mental health of 10 patients who underwent revision surgery for failed MoM implants. The authors believe this is the first study to find […]

Pseudotumor in a Patient with a Biomet Hip Implant

Research Title: Pseudotumor in Large-Diameter Metal-on-Metal Total Hip Articulation Abstract This case study focuses on a patient who experienced pain in her hip following a large-diameter metal-on-metal (MoM) hip replacement. She also developed a pseudotumor, which is an abnormal swelling of tissue that resembles a tumor. Intro MoM hip implants are thought to be more […]

Vision Loss from Cobalt Poisoning of the Eye from MoM Hip Replacement

Title: Cobalt-Chromium Metallosis With Normal Electroretinogram Background: The popularity of Metal-on-Metal (MoM) hip implants, which are typically made out of cobalt and chromium, has made cobalt poisoning of the eye more common. This condition is called ocular cobalt toxicity. This study focuses on a 66-year-old-man whose vision was damaged because he got cobalt poisoning from […]

Check for Metal Hip Issues if Patient has Cobalt-Related Heart Concern

Title: Unusual Case of Congestive Heart Failure:  Cardiac Magnetic Resonance Imaging and Histopathologic Findings in Cobalt Cardiomyopathy Summary A 69-year-old woman came to the authors with symptoms of congestive heart failure, a heart condition that leads to buildups of fluid in the lungs. She had a history of hypertension, mild kidney problems, and hip replacements […]

Cobalt Toxicity from Metal Hip Causes Vision Damage

Title: Hip ­Implant Related Chorio-­Retinal Cobalt Toxicity Abstract A 39-year-old female with high levels of cobalt in her blood (a side-effect of her two hip implants) came to the doctors with complaints that her left eye had been blurry for three weeks. Eye imaging revealed that the light-sensitive portion of the patient’s retina (called the […]

4/18/13 Biomet Hip MDL Plaintiffs Face Limits in Electronic Discovery

During the “discovery” phase of a case, the patients suing Biomet are allowed to request documents and depositions (interviews) from Biomet in order to “discover” evidence for their eventual trial.  Unfortunately, the plaintiffs (patients suing Biomet) in the MDL faced a huge setback in this process early on in this litigation. The Problem with the Biomet MDL […]

10/12/12 – Biomet Hip MDL is Created

In October of 2012, a federal judicial panel consolidated lawsuits across the United States involving the Biomet M2a Magnum hip replacements into one federal court.  This move created Multi-District Litigation (MDL) No. 2391. What is an MDL? The point of multidistrict litigation (MDL) is to help a lot of similar cases efficiently handle pre-trial issues (such […]

Biomet Magnum Hips and Heart Problems from High Cobalt Ion Levels

Research Title: Progressive Cardiomyopathy in a Patient with Elevated Cobalt Ion Levels and Bilateral Metal-on-Metal Hip Arthroplasties Abstract: Cobalt poisoning, which is also referred to as cobalt toxicity or cobalt disease, is caused by excessive levels of cobalt in the body. It is a rare but serious possible side effect of Metal-on-Metal (MoM) total hip […]

Adverse Reaction to Metal Debris from Biomet Metal Hip Arthroplasty

Research Title: Adverse Reaction to Metal Debris after ReCap-M2A-Magnum Large-Diameter Head Metal on Metal Total Hip Arthroplasty Background and Purpose: Adverse reaction to metal debris (ARMD) is a type of implant failure that can occur after metal-on-metal hip replacements. The symptoms of ARMD failure may include fluid collections around the hip, a build-up of soft […]

Blood Tests to Diagnose Tissue Death from Metal Hip Problems

Research Title: Adverse Local Tissue Reaction After a Metal-on-Metal Total Hip Prosthesis Without Elevated Serum Metal Ion Levels Background Recent studies show a correlation between high cobalt and chromium levels and failed metal on metal hip (MoM)  implants. Typically a MoM hip patient with cobalt blood levels above 7 parts per billion (ppb) requires follow-up […]

Ticking Time-Bombs Implanted in the Hips of Thousands of WA Patients

(Seattle, WA – November 28, 2017) – Three patients suffering heavy metal poisoning from a metal on metal hip replacement filed a lawsuit Tuesday in Seattle against Biomet Orthopaedics. The three patients experienced heavy metal poisoning, tissue and muscle necrosis, pseudotumors, and unnecessary revision surgeries because of the defective Biomet Magnum hip replacement, as alleged […]

$247 Million Verdict Against J&J in DePuy Pinnacle Hip Trial

A Dallas Federal jury issued a $247 million dollar verdict against Johnson & Johnson and DePuy Orthopedics today. The jury reached their unanimous verdict in favor of 6 hip replacement patients who were seriously hurt by Pinnacle metal on metal hip implants. Today, the Dallas jury decided J&J was guilty of negligent design, inadequate warning, manufacturing […]

Radio Interview about Metal on Metal Hip Problems

Nationally recognized medical journalist, Heidi Godman, invited Attorney Ilyas Sayeg on her radio show to discuss problems with metal on metal hip implants.  Mr. Sayeg explains what’s going wrong with MoM hips and what patients can do to stay informed. The FDA in the United States has not recalled ALL brands of MoM hips, such […]

Boeing Sues Biomet Over Defective M2a Magnum Hip

(August 1, 2017) Boeing, the world’s largest aerospace company, and leading jetliner manufacturer sued Zimmer Biomet over the defective M2a Magnum hip implant. Boeing says one of its employees suffered an industrial injury that was directly caused by the failed Biomet M2a Magnum metal-on-metal hip system. After undergoing hip replacement surgery, the Boeing employee began […]

Biomet Pays $17.4 Million Criminal Penalty for Corruption

(January 12, 2017) Zimmer Biomet agreed to pay a $17.4 million criminal penalty in connection with a scheme to bribe South American, Mexican and Chinese doctors to use the company’s products. According to the Justice Department, “Phony invoices were used to justify the payments, and the bribes were falsely recorded as “consulting fees” or “commissions” in […]

Judge Says Sales Rep Can Be Held Liable in State Court

(August 3, 2017) A Federal Judge says a Missouri man injured by a defective M2a Magnum hip replacement can sue a sales representative who was present at his surgery.  The judge removed the case from an Indiana Multi-District Litigation (MDL) and sent it back to a Missouri state court for trial. Biomet claimed the sales representative, […]

Judge Slashes Billion Dollar Pinnacle Verdict in Half

A Texas judge slashes a $1 billion dollar verdict by $500 million dollars in the most recent Pinnacle hip replacement trial.  Judge Ed Kinkeade based his decision on “constitutional considerations that limit the amount a plaintiff may recover in punitive damages,” according to Reuters.  In December a jury originally ordered Johnson & Johnson, the manufacturer […]

$1 Billion Dollar Jury Award in Pinnacle Hip Trial

Jurors announced a record $1 billion dollar verdict against Johnson & Johnson in the most recent Pinnacle metal on metal hip trial.  It took jurors only one day of deliberations to come back with their astounding award. How Much Was Awarded to Each Pinnacle Hip Plaintiff? Harris Martin Publishing sources say the verdict total is […]

Jury Awards Nearly $500 Million Verdict in 2016 J&J Pinnacle Trial

(Thursday, March 17, 2016) —  Today a Dallas, TX jury awarded an astounding $497.6 million dollar verdict over the defective Pinnacle metal-on-metal hip replacements made and sold by DePuy Orthopaedics and Johnson & Jonnson.  This is a huge victory for the 5 patients in this case who all suffer from similar debilitating health problems because of their implants, including inflammation […]

Jurors Deliberate Fate of DePuy Pinnacle Hip Trial in Dallas

Attorneys made their closing arguments today in the DePuy Pinnacle Metal on Metal hip replacement trial.  Now the case is in the hands of the jury, which also began deliberations today, March 10, 2016. Proceedings began weeks ago and jurors spent a total of 37 days in court listening to testimony and reviewing evidence.   […]

MoM Hip Implant linked to Heart Disease in Men

The American Academy of Orthopaedic Surgeons noted at their annual meeting in March that research indicates a significant correlation between heart disease in men and the ASR XL hip prosthesis by DePuy.  Researchers used the Australian Government Department of Veterans Affairs database and studied over 2,000 men who had received a metal-on-polyethylene (MoP) hip implant. […]

FDA increases regulation on MoM hip implants

The FDA has increased its oversight regarding the Metal-on-Metal hip implant device industry this week.  The FDA decided recently to require companies to submit a premarket approval (PMA) application for two types of metal-on-metal hip replacement devices. These include devices with a cemented acetabular component and ones with an uncemented acetabular component.  The FDA’s statement […]

MRI & MARS Imaging Likely Best to Find Pseudotumors-Biomet Metal Hips

High Incidence of Pseudotumors After Hip Resurfacing Even in Low-Risk Patients; Results From Intensified MRI Screening Protocol Abstract A Metal-on-Metal hip pseudotumor is a mass of tissue that can form and grow around a Metal-on-Metal (MoM) hip implant. Pseudotumors are an indicator of MoM disease, a type of implant failure. This study uses Metal-Artefact Reduction […]

Revision of Single Type of Large Metal Head in Metal Hip Replacements

Revision of a Single Type of Large Metal Head Metal-on-Metal Hip Replacement Abstract Large-head metal-on-metal (MoM) total hip arthroplasties were introduced because of their purported advantages. Inflammatory pseudotumors occasionally occur after MoM hip arthroplasty and often lead to revision. The purpose of this study was to assess the outcome of revision of large-head MoM total hip […]

Adverse Reaction to Metal Debris After ReCap-M2A-Magnum Metal Hip

Mokka, J., Junnila, M., Seppanen, M., Virolainen, P., Polonen, T., Vahlberg, T., Mattila, K., Tuominen, E.K.J., Rantakokko, J., Aarimaa, V., Kukkonen, J., Makela, K.T., Acta Orthopaedica 2013; 84(6): 549-554. ABSTRACT: Background and purpose The clinical findings of adverse reaction to metal debris (ARMD) following large-diameter-head metal-on-metal total hip arthroplasty (LDH MoM THA) may include periarticular fluid collections, soft […]

High Chance of Pseudotumors After Large-Diameter Metal Hip Replacement

Abstract: Peri-articular soft-tissue masses or ‘pseudotumors’ can occur after large-diameter metal-on-metal (MoM) resurfacing of the hip and conventional total hip replacement (THR). Our aim was to assess the incidence of pseudotumor formation and to identify risk factors for their formation in a prospective cohort study. A total of 119 patients who underwent 120 MoM THRs […]

OtisMed to Pay $80 Million after Whistleblower Complaint

Stryker Corporation subsidiary OtisMed will pay more than $80 million to the U.S. government to settle criminal and civil charges that allege the company sold knee replacement devices without the approval of the Food and Drug Administration. The chief executive officer of OtisMed, Charlie Chi, and the company itself pleaded guilty in December in federal […]

$4.5 Million Verdict in Wright Profemur Metal Hip Case

A California jury verdict awards $4.5 million to a man with a broken Wright Profemur R metal hip replacement. The verdict happened on Friday, June 12th when a jury in California state court decided the Wright Profemur R stem broke because of defective manufacturing.  This is the first case out of thousands to go to […]

DePuy ASR Hip Settlement Extended Through January 2015

Johnson & Johnson has agreed to extend their settlement agreement over their recalled DePuy ASR hip implants, according to reports by Bloomberg News.  The new agreement would pay up to $420 million more to patients excluded from the original 2013 settlement. New Deadline of January 31, 2015 The new deadline to file a claim is […]

What We Learned at the Pinnacle Hip Trial

The surprise verdict in the Dallas, Texas Pinnacle hip trial has a lot of people worried. But here’s the reality:  This was one trial, one jury, one verdict. This is only the beginning. There are thousands of victims waiting for their turn in court. And here’s the good news: This trial uncovered Johnson & Johnson’s […]

Jury Now Deliberating in the Dallas Pinnacle Hip Trial

After seven weeks in a Dallas courtroom, a jury is now deliberating in the Pinnacle Metal on Metal hip trial. On Tuesday the lawyer for Kathleen Herlihy-Paoli urged the jury to hold Johnson & Johnson accountable for not warning patients that their DePuy Pinnacle metal on metal hips were defective. Attorney Mark Lanier accused the […]

Pinnacle Trial: Graphic Video & Cross-Examination

Why Maglio Christopher & Toale, P. A. is at the Dallas Pinnacle Hip Trial The attorneys at Maglio Christopher & Toale, P.A. have spent the past few weeks in the Dallas courtroom during the first Pinnacle bellwether trial.  Even though we are not trying this case, we believe being there in person is important to our client’s cases.  We […]

Pinnacle Hip Trial Update: DePuy Blames Surgeons

Attorney Altom Maglio Attends Pinnacle Trial in Dallas Attorney Altom Maglio, who filed the first of the current metal-on-metal hip lawsuits in the United States, is in Dallas, TX this week attending the Pinnacle hip trial.  Mr. Maglio, and co-counsel Brian Franciskato feel strongly that to best represent their Pinnacle and ASR hip clients they need to […]

Lawyers Say Not Enough Done to Ensure Safety in Pinnacle Hips

A DePuy executive faced a tough day in court defending whether or not the company did enough to make sure their Pinnacle metal on metal hip replacement was safe, according to Reuters. Pam Plouhar, VP of Clinical Research at Depuy Orthopaedics, insisted they researched the effects of metal ions to show the Pinnacle MoM hip was safe. […]

Attorney Brian Franciskato Attends Pinnacle Hip Trial in Dallas

Our firm represents many patients with defective Pinnacle hip implants.  That’s why we felt it was important for our attorneys to be present at the first bellwether trial in Dallas, Texas. We believe the best way to represent our clients is to know first-hand about the strategy DePuy is taking in court. Below is a […]

Pinnacle Hip Implant Trial Underway in Dallas

A trial involving the first of thousands of hip replacement patients to sue DePuy over its Pinnacle device is underway in Dallas. More than 6,000 lawsuits have been filed against the Johnson & Johnson subsidiary claiming its hip implant is defective and caused a number of medical problems. In this first case, a Missouri woman, […]

DePuy ASR Hip Replacement Settlement Moves Forward

People hurt by the defective DePuy ASR hip implant could be a step closer to getting compensation. DePuy Orthopaedics, a subsidiary of Johnson & Johnson, has waived its right to walk away from proceedings of the ASR Hip Settlement Program.  Under the terms of the agreement, the manufacturer could have pulled out of the deal […]

Consumer Group Pushes for Hip & Knee Replacement Warranties

They exist for cars and electronics, now a consumer group is pushing for warranties on hip and knee replacement devices. Consumers Union, the policy and advocacy division of Consumer Reports, is asking implant manufacturers to provide warranties that would cover the cost of replacing a hip or knee implant if it fails to work correctly because […]

India Files Criminal Complaint Over DePuy ASR

Government health authorities in India are launching a criminal investigation into why they say it took so long for a medical device manufacturer to complete a recall of defective hip implants. The device is the DePuy ASR, sold by DePuy International, a subsidiary of Johnson & Johnson. The devices were recalled worldwide by DePuy in […]

“House” TV Episode Helps Doctor Diagnose Cobalt Poisoning

TV shows are entertaining and sometimes even educational.  But in the case of one German patient and his doctor, a popular television drama was life-saving. A 55-year-old man was suffering from severe heart failure and a puzzling mix of symptoms, including fever, blindness, deafness and swollen lymph nodes. His condition stumped doctors for months. It wasn’t […]

J&J Agrees to a $2.5 Billion Settlement for ASR

Johnson & Johnson announced a $2.5 billion dollar settlement agreement for patients who had a DePuy ASR hip implanted and then revised before August 31, 2013.  J&J will pay $250,000 to qualified patients who had their ASR metal on metal hip implants removed and replaced with another type of hip device.  However, that amount can be reduced based […]

J&J May Offer $350,000 to Settle DePuy ASR Hip Lawsuits

Johnson & Johnson could settle their troubled DePuy ASR hip recall cases at a cost of $4 billion, according to the New York Times. Anonymous sources say the settlement plan has to clear some legal hurdles before becoming reality.  A formal announcement from DePuy and J&J is expected in the next few days. Eligibility The […]

Attorney Talks About Metal on Metal Hip Recalls on Radio Show

Another of the Maglio Christopher Toale, P.A. attorneys is featured on the news discussing metal on metal hips and medical problems associated with them. Ilyas Sayeg, a lawyer focused on metal hip litigation with the firm, was interviewed on the FM radio show, “Health IQ with Heidi Godman.” Potential Metal Hip Claim? If you have […]

J&J Pays $22.9 Million Settlement Over Drug Recalls

Johnson & Johnson has agreed to a $22.9 million settlement with investors, according to a Bloomberg Law report on July 17.  The settlement will go to investors who filed a lawsuit against the company after the largest recall of over-the-counter children’s medicine in US history.  The suit, which was filed in the US District Court […]

Metal on Metal Hip Replacements Could Lead to Heart Problems

New research shows people with metal on metal hip implants may have a higher chance of developing heart problems because of long term metal exposure. The study is titled “Metal-on-Metal Hip Prostheses and Systemic Health: A Cross-Sectional Association Study 8 Years after Implantation,”  and examines how metal on metal hip bearings affect the organs of […]

Johnson & Johnson Won’t Make or Sell Metal on Metal Hip Implants

This week Johnson & Johnson announced it will stop selling any metal on metal hip replacements.  The Pinnacle Ultamet Metal on Metal Articulation will not be available after August 31st of 2013.  The statement was released on the DePuy Orthopaedics website and can be reviewed here. Discontinued Because of Low Sales? Or Because of High Failures? […]

Lawsuits Filed Across US Against DePuy

(LAS VEGAS, NEVADA) — This week, clients of Maglio Christopher & Toale, P.A. in 5 states around the country filed lawsuits against DePuy Orthopaedics, Inc., Johnson & Johnson, and their distributors.  The suits were filed in Texas, Nevada, New Jersey, Wisconsin, and Maryland on behalf of patients injured by the defective ASR hip replacement implant.  None […]

Surgeon Blasts J&J in Court for Hiding ASR Hip Problems

DePuy and Johnson & Johnson caused one of Britain’s top orthopedic surgeons to question his own skills as a doctor.   That was Mr. Tony Nargol’s dramatic testimony in a Chicago courtroom earlier this week (British surgeons are referred to as “Mr.” rather than “Dr.”).   Nargol says he told DePuy Orthopaedics about problems with the ASR […]

$8.3 Million Verdict in Johnson & Johnson DePuy Hip Recall Lawsuit

$8.3 million dollars is the cost to Johnson & Johnson for designing a defective hip implant, says a jury today.  This is the first verdict in the U.S. against DePuy Orthopaedics and its parent company, Johnson & Johnson.  There are currently about 10,000 cases pending against the health care giant. Jury Gives Extra Compensatory Damages, […]

Johnson & Johnson Defense Witness: Hurting or helping case?

(March 6, 2013) Right now the jury is on its third day of deliberations in the first US trial over the recalled DePuy ASR hip implant.  While the jury carefully re-examines thousands of exhibits, we’re also looking back at moments in the trial where things may not have gone the way Johnson & Johnson had hoped. […]

DePuy’s Internal E-mails About ASR Hip Problems

Today the jury remains in deliberation over the fate of the first DePuy ASR hip recall lawsuit in the U.S.  Some of the most damaging documents that they’ve seen and read include internal emails made public during the trial.  The emails are from doctors to DePuy executives discussing the high failure rates their patients are […]

Closing Arguments Begin in CA DePuy Hip Recall Lawsuit

“They don’t have a soul,” is how attorney Brian Panish put it when talking about Johnson & Johnson’s aggressive sales and marketing of the DePuy ASR.  Closing arguments began today in the first DePuy ASR hip recall case to go to trial in the U.S.  Jurors will decide if  Johnson & Johnson designed, marketed, and […]

Criminal Corruption Charges Against DePuy Filed by Greek Prosecutors

According to The Washington Post,  Greek prosecutors have brought criminal corruption charges against five DePuy officials in connection with state hospital purchases of DePuy products.  DePuy officials are being charged with bribery and money laundering in connection with dealings that took place between 1998 and 2006.  The five DePuy officials, whose names were not released, […]

UK Officials Calling for Criminal Investigation into DePuy

British newspaper, The Telegraph, reveals that several MPs (members of the British Parliament) are calling for criminal investigations into the marketing and sales of the DePuy ASR hip implant to British patients.  In the report, the British MPs claim that DePuy, a subsidiary of Johnson & Johnson, sold what it knew to be a potentially […]

Johnson & Johnson Recalls Another Metal on Metal Hip Implant

Just two and a half years after the highly publicized Johnson & Johnson recall of the DePuy ASR Hip Implant, the health care giant is recalling yet another metal on metal hip because a “higher than expected percentage of them had to be replaced.”  This time the recall is for the Adept brand all-metal total […]

Johnson & Johnson Aware of 40% Failure Rate in DePuy Hip

Johnson & Johnson documents show a 40% failure rate for the DePuy ASR metal on metal hip within 5 years. That troubling statistic comes from an internal study conducted by Johnson & Johnson but never released to the public or the medical community until this week in court records.  It’s just one of thousands of […]

FDA Panel Sees No Reason to Use Metal Hip Implants

There’s no good reason to use a metal-on-metal hip implant.  That announcement came Thursday, June 28th  from a panel of health experts advising the FDA on the problems with metal hips.  It’s a conclusion that thousands of people with recalled DePuy ASR hip implants already know as they struggle with the effects of their defective hips. […]

DePuy’s Marketing Campaign Ironic to Recalled Hip Victims

The PR Department at DePuy Orthopaedics must not understand the concept of irony. The company just released a new marketing booklet called “Had I Known Then…”  co-authored by Ellen Spragins and featuring Hollywood actress Jane Kaczmarek from “Malcolm in the Middle.”  The free booklet includes a series of letters from joint replacement patients to their […]

Hip Recall Victims Fighting Back with Online Petition

Hip recall victims are fighting back by targeting Johnson & Johnson with a national petition asking the company to “do the right thing.”  Hundreds of people have already signed the petition.  They’re asking J&J to start compensating victims for the pain and misery they’ve been put through by the company’s recalled DePuy ASR hip replacement. […]

DePuy US Layoffs-Profits Despite Global Hip Recall

Big changes ahead for employees at DePuy Orthopaedics in Warsaw, Indiana.  The company announced that it will layoff workers in the near future, according to reports from several Indiana business news websites and a statement from DePuy.  No word yet on how many jobs will be cut or when the layoffs will take place.  DePuy […]

DePuy Recall Patients: Beware of a Company Called Broadspire

Johnson & Johnson would love to settle your artificial hip recall claims. They’ve just hired a company called Broadspire to take care of the details.  All you have to do is hand over your rights.  It’s a controversial move by Johnson & Johnson in the DePuy Hip recall.  They’ve hired Broadspire to act like an […]

The FDA’s Vicious Cycle of Money, Power, and Pain

The FDA is in a financial fight for its life, and the outcome could cost many patients theirs.  The agency is supposed to protect Americans from dangerous and defective medical products, but it hasn’t done such a great job lately.  Huge budget cuts for the FDA could make things a lot worse. Back in 1992, […]

Are Those Horns Coming Out Of A DePuy ASR Hip Implant?

While thousands of people may consider the recalled ASR hip replacement wicked because of problems with loosening, metal debris and a host of other issues, we never expected it to actually have evil horns!  So how did the ASR 300 end up with spikes coming out of it?  And what are they for?  Here’s what […]

DePuy President Resigns, Leaving Hip Recall Mess Behind

The president of Johnson & Johnson’s DePuy Orthopedics is quitting, according to reports in the Wall Street Journal, New York Times, and Bloomberg News.  David Floyd turned in his resignation last week and plans to leave the company at the end of this month. His sudden departure comes just months after DePuy Orthopaedics recalled its […]

FDA Kind-of Sort-of Warns Patients about Metal-on-Metal Hip Implants

Recently the FDA posted a lukewarm warning about metal debris in patients with metal-on-metal hip implants like the DePuy ASR Hip.  It’s not exactly a resounding call to action, but at least it’s a start. The warning itself doesn’t give many specifics: “Different people will react to these metal particles in different ways. At this […]

Report on Depuy ASR Hip Recall & the Impact on Patient Lives

The re-posted news article below with how patients are dealing with the DePuy ASR Hip Recall.  It’s amazing to hear the emotional stories of what these patients have had to go through once they discover their DePuy hip implant is the cause of their pain. Click here for a direct link to the news article: […]

DePuy Paying Surgeons Cash for Copies of YOUR Medical Records

Astonishing news about what DePuy is willing to pay to get your medical records. A recent letter from DePuy offers to pay orthopedic surgeons $50.00 for every medical release their ASR patients sign and return.  With over 91,000 ASR patients out there, that means DePuy is willing to pay out more than $4.5 MILLION dollars […]

Q&A#4-Classic Symptoms of a Loose Recalled Depuy ASR Hip Implant

Patients who have a loose ASR hip implant often experience a number of different symptoms. However, there is one classic symptom that almost always accompanies a loosened ASR Hip Cup: Lift-Off Pain. Patients who have this symptom know it because it’s a rather intense feeling. Watch the video for details of what this classic symptom […]

Q&A #2 Depuy ASR Hip Recall- Do I need another surgery?

One of the biggest questions for patients who have the recalled Depuy ASR hip implanted in their bodies is “will I need to have another surgery?”  A recall for a car or a toy or any other product usually means you have to bring it in for repairs.  If the recalled product is your new […]

Companies like DePuy Caught Paying Ortho Docs Millions- But For What?

Of course, companies like DePuy have deep pockets, but until this article in USA Today, it wasn’t clear just how deep.  The Archives of Internal Medicine conducted a study showing that 41 orthopedic doctors accepted over 114-million dollars from companies like DePuy & Zimmer in “payments.”  What exactly those payments were for is unclear, but […]

Metal on Metal Bearings: Better or Worse?

Interesting questions posted by the Dept. of Medical Engineering and Physics at the Royal Perth Hospital in Australia. Notice how they specifically cite the Depuy ASR Hip as an example of problems with the bearings.  Even more interesting, the bulletin was published in March 2010- 5 months BEFORE the official Depuy ASR Hip Implant recall.  […]

How Many US Patients have Defective DePuy ASR Hip Implants?

A worldwide recall is never a good thing for a company.  And when you break down the numbers in DePuy’s recent ASR hip implant recall, the statistics don’t look good for patients in the United States. Take a look at the math: 93,000- The number of ASRs sold and implanted worldwide 11,160- The probable number […]

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 […]

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 Date Published: Friday, September 17th, 2010 The Johnson & […]

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 […]

Video of DePuy ASR Hip Failure Symptoms

If you have a failed DePuy ASR Hip Implant, you probably already know this, but for patients with the implant and no symptoms yet, this information and video can help you know what to look for. DePuy Hip Implant Failures- Video of symptoms Some of the symptoms of the ASR hip failure are pain or […]

How to tell if you have one of the failed DePuy hips

Since the DePuy ASR hip recall 2 weeks ago, a lot of people are wondering:  “How do I find out if I have one of the failed hips?”  It’s a good question, but there’s no clear answer. Failed DePuy ASR Hip removed from a patient during revision surgery How the recall works: Usually when a […]

Interesting Study from Mayo Clinic about metal on metal hip failures.

The research abstract below is excellent background information for anyone who may have experienced these types of hip failure issues.  Clin Orthop Relat Res. 2010 Sep;468(9):2313-20. Failed metal-on-metal hip arthroplasties: a spectrum of clinical presentations and operative findings. Browne JA, Bechtold CD, Berry DJ, Hanssen AD, Lewallen DG. Mayo Clinic, 200 First Street SW, Rochester, […]

RECALLED! The DePuy ASR Hip Replacement by Johnson & Johnson

Just this week DePuy Othopaedics, Inc. issued a WORLDWIDE recall of both its ASR XL Acetabular System (total hip replacement) and its DePuy ASR Hip Resurfacing System.  Unfortunately, this recall comes too late for patients who were sold these devices.  This isn’t a typical product recall where you can pull something off the shelves or […]