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DePuy, a division of Johnson and Johnson, has issued a recall of its ASR metal-on-metal hip implants. There has been a tremendous push by attorneys across the country to attract patients with ASR hips to file cases on their behalf. Before you respond to one of these advertisements, understand that a goal of many of these attorneys is to gather as many of these cases as possible to prosecute them “in volume.” There may be patients for which this type of representation is appropriate, but it won’t be for everyone.

Patients who have DePuy ASR hip implants will basically fall into three categories: (1) those who have had serious and debilitating injuries as a result of receiving an ASR implant; (2) those who have had or will need a revision surgery but obtain a good result; (3) those who haven’t experienced any problems. If you fall into the first category, you should avoid the “mass tort” lawyers. You need individual attention to your case and an attorney who will focus on your unique injuries. If you fall into the last category, you may be an appropriate client for those who will prosecute these cases as part of a class action or multi-district litigation. If you fall into the second category, you should explore the case in more detail.

If you want personal attention to your case, contact our office for a personal consultation.

Dennis Quaid recently testified before Congress regarding the near fatal ovedose of his newborn twins at Cedar Sinai Medical Center in Los Angeles. See his testimony here on YouTube. Mr. Quaid testified very effectively on the need for FDA recalls of Heparin and the need to keep the path to the courthouse open for families devastated by medical negligence.Please, take the time to listen to Dennis Quaid’s story and his argument that the Supreme Court and Congress should not protect a drug company from liability because the drug and the labeling was approved by the FDA.

DePuy, a division of Johnson & Johnson that manufactures orthopedic implants, including hip implant replacement systems, has withdrawn its ASR metal-on-metal implants, reports the New York Times. DePuy has touted this as its way of protecting patient safety, but in truth, evidence suggests that DePuy has known of this problem for years.

DePuy has informed doctors in a letter that the ASR had a higher-than-expected failure rate in certain types of patients. Data from a study out of Australia suggests that small statured patients, such as women, are at the highest risk. DePuy seems to indicate that the problem lies in how surgeons are installing the implants.

However, evidence suggests that the metal-an-metal implants can generate large amounts of metallic debris as they wear. This debris can cause severe inflammatory responses in some patients, damage muscles, soft tissue and bone. These reactions can lead to early need to replace the implants through revision surgery, in some cases in as little as 2 years. The normal expected life of such implants is 15 years and more.

Many implant manufactures began offering metal-on-metal implants a number of years ago as alternatives to the polyethylene (plastic) or ceramic components. With the metal-on-metal, both the ball and the cup (socket) are made from metal and, as they wear, they give off metal shavings and residue.

At this time it appears that DePuy and possibly other manufacturers did not sufficiently test these implant materials and, even after learning of unusually high failure rates, continued to actively market and promote the product. If you have had an implant fail within a few years after your surgery, you should immediately contact Todd N. Hendrickson. Our office specializes in medical malpractice and medical product liability claims and can help you fight for your rights. Call our office at 314-721-8833 for a free consultation.

The New York Times is reporting that doctors are finding that “metal on metal” hip implants are failing at a much higher and faster rate than expected, leading to the need for early revision and replacement.“Metal on metal” refers to the materials used in the design. A typical hip implant consists of a femoral stem which is fixed into the femur or thigh bone. The hip socket (or acetabulum) is replaced with a “cup” of one design or another. A ball device is attached to the end of the femoral stem and fits into the acetabulur component, completing the ball and socket joint. Until about 10 years ago either the ball or the liner of the acetabulm was made of either ceramic or a poly plastic. Beginning in the late ’90s manufacturers began replacing either the ball or the cup or both with metal components. The theory was that the patient would achieve a longer life thus avoiding revision surgery to replace either the ball or the cup or both. The older ceramic and poly components had typical lifespans of 15 to 20 years.The theory is apparently proving to be false. As the is reporting, these metal on metal implants are failing much sooner than expected, some in as little as two years. What is occurring is the wear of the components is creating metal debris which is destroying soft tissue and bone. The estimate now is that 1 to 3% of implants are failing at this rate. However, since the metal on metal didn’t reach the peak of their popularity until 5 years or so ago, the real extent of the problem is still unknown. Given that 80,000 or more of these implants are used in primary replacements a year, that could be anywhere form 8,000 to 24,000 patients affected each year. Given that the typical hip replacement procedure can cost anywhere from $20,000 to $30,000 and lead to additional lost income and other losses, the financial impact on patients is potentially extensive.If you have experienced an early component failure, either due to pain or component loosening, or have had your hip implant revised for other reasons earlier than expected, you may want to consider a product liability action against the implant manufacturer. If you would like to explore this further, please feel free to contact me, attorney Todd N. Hendrickson. Although my practice is concentrated in Missouri and Illinois, I will consider appropriate cases throughout the United States. I have extensive experience and expertise in medical malpractice and medical product liability litigation, with particular emphasis in orthopeadic matters, including hip, knee and shoulder replacements. I have successfully litigated cases against hip implant manufactures for a variety of matters and I am uniquely qualified to review these types of cases.

Toyota has issued a massive recall as reported by USA Today and elsewhere. The recall affects:2009-2010 Rav42009-2010 Corolla2009-2010 Matrix2005-2010 Avalon2010 Highlander2007-2010 Tundra2008-2010 SequoiaCertain 2008-2010 Carolla modelsThe recall is due to reports that the gas pedal can stick, causing the driver to be unable to cease acceleration. A previous notice indicated that the problem was occurring due to the gas pedal sticking in floor mats, but this recall indicates that it can occur even when the floor mats have been removed.Toyota has taken the step of notifying its dealers to cease selling the current new models until the problem has been corrected. This recall affects millions of vehicles.If you have been involved in an accident in which you were driving one of these Toyota models, or were struck by one of these Toyota models, you may have a claim against Toyota for product liability, in addition to any other claim you may have. If you’ve been involved in an accident in any Toyota in which you know or suspect that it was caused due to a sticking accelerator, please contact The Law Offices of Todd N. Hendrickson immediately. You have rights and we are here to protect them. Please call at 314-721-8833 for a no cost consultation.

The New York Times has reported that Medtronic, a prominent manufacturer of medical devices and products, such as infusers, defibrillators and other items, has paid $788,000 to U.S. Army doctor, Timothy R. Kuklo, who was found to have faked results of a study published in a British medical journal.Dr. Kuklo is now on staff as an assistant medical professor at Washington University, here in St. Louis. Dr. Kuklo is an orthopedic surgeon specializing in adult and pediatric spine surgery.If these allegations prove true, it is shocking that Washington University would employ such a physician to train future generations of orthopedic surgeons. It would also call into question all Medtronics studies. These studies are submitted to the FDA to obtain approval of medical devices and products, and if physicians are being paid what seems to amount to bribes, then the truthfulness of their study results are certainly called into question.If you have any questions or concerns regarding Medtronic products, or care rendered by Dr. Kuklo, please do not hesitate to call The Law Offices of Todd N. Hendrickson. I have successfully prosecuted cases against medical devices manufacturers, hospitals and physicians throughout Missouri and Illinois and I have particular experience in handling orthopedic cases, including hip and knee replacements.

The Law Offices of Todd N. Hendrickson are accepting cases involving possible surgical site infections caused by contaminated forced air warming devices. In many surgeries hospitals utilize a forced air warming device to maintain the patient’s body temperature. The most commonly used of these devices is Arizant’s Bair Hugger (R). These are essentially large driers which blow hot air through a perforated warming blanket.Our investigations indicate that these devices may trap and contain bacteria, forcing it onto the patient during surgery.If you or a loved one has suffered a surgical site infection you may have a claim. Please contact us to discuss your case.

The Food and Drug Administration has called for stronger warnings to be placed on epilepsy drugs such as Topamax, Lamictal, Lyrica, Neurontin, Tegretol, and Trileptal that use can cause an increased risk of suicidal thoughts or even actions. The FDA reviewed studies conducted since the original warning labels were approved which show that patients on these drugs have an increased risk of suicide and suicidal thoughts when compared with dummy pills.If you or someone you know has been injured as a result of these or other defective drugs or medical devices, you should contact The Law Offices of Todd N. Hendrickson. Contact Todd N. Hendrickson for a free consultation.

Byetta, a drug used to treat Type II diabetis, is suspected of causing hemorrhagic or necrotizing pancreatitis in numerous patients. As a result, the FDA has issued an alert. Byetta is given by injection. If you are taking Byetta, you should immediately discuss this information with your physician. Information for your doctor can be found here.If you suspect that you or a loved one has been injured as a result of using Byetta or any other drug or as a result of medical malpractice, please contact Todd N. Hendrickson.

As a trial lawyer, I’m asked this question all the time: How do you put a dollar figure on a human life? There is no easy answer. Every human life has value and no amount of money can ever replace a life. These contradictory ideas are at the heart of the problems that juries face every day in this country when they are called upon to do just that: place a dollar value on a human life. So, is there any guidance? Actually, there is …The United States places a value on human life all the time. Cold, hard dollar values. The U.S. does this in order to evaluate the costs and benefits of various safety and other programs. The Environmental Protection Agency values a single human life at $7.22 million. The federal Department of Transportation has done the same calculation and has come up with a figure of $5.8 million. The Consumer Product Safety Commission has long held the value of a single human life is $5 million. The U.S. uses these figures like this: If a program would save 3 lives and would cost $10 million, then the cost-benefit analysis would be in favor of spending the money to save those 3 lives.So, if our federal government values a single human life at $5 million dollars or more, then how can various state governments, including Missouri and Illinois, place caps on what a jury can award for a human life, at levels far below the value that our federal government places on a human life? In Missouri, state law caps “non-economic damages” at $350,000 per person. $350,000 is only 7% to less than 5% of the true value. In Illinois, the cap stands at $500,000. These caps are outrageous and should be stricken down and repealed so that a jury can decide, on its own, on the basis of the community’s shared values and beliefs, the value of a human life.