Header image

Johnson & Johnson and its division, DePuy Orthopedics, was hit with a $498 million dollar verdict today in federal court in Dallas Texas, for its defective Pinnacle hip implant. The case involved 5 plaintiffs, all Texas residents, who were implanted with the Pinnacle metal-on-metal hip device.

DePuy Debris.jpg

Verdict was for approximately $130 million in compensatory damages and almost $360 million in punitive damages.

The trial team was led by Mark Lanier. Our office has been happy to place a small roll in this case and continues to accept additional victims of this truly awful product.

For a consult, please call.

How much is something going to cost? Always a fair question and almost always one that can be answered before you purchase anything. But when you are talking about medical procedures, particularly things like hip and knee replacements, you may not be able to find out.

hip-replacement-220.jpg

NPR, reporting on a study by Health Affairs, shows that the vast majority if orthopedic surgeons have no idea how much the implant they are using ends up costing the patient. Only 21% of them were able to accurately estimate the cost of the implants (accurate being within 20% of the actual cost).

That is really an astounding finding. Patients are consumers of medical services and should expect and demand transparency in pricing. Of course you can’t predict the final cost of any procedure because complications occur, but the base cost of the procedure should be transparent.

One problem? As NPR report, the costs of implants are often negotiated by the hospitals. Thus the same implant can be wildly different prices depending upon where the procedure is performed.

Bottom line: patients need to demand transparency in pricing.

Johnson & Johnson hit with $8.3 million dollar verdict in the first case to go to trial over the defective Depuy ASR hip implants, reports Bloomberg.

The verdict was for more than the $5.3 million in compensatory damages requested by plaintiff, but did not include any punitive damages. Apparently the issue of punitive damages was hotly debated by jurors. The jury deliberated for five days.

DePuy Recall.jpeg

As reported by the New York Times, Johnson & Johnson/DePuy was aware of massive failures of its ASR metal-on-metal hip replacement system by 2011.

DePuy Debris.jpg

This information is coming from internal J&J documents as part of a trial expected to begin to today in Los Angeles. The internal analysis showed that nearly 40% of the ASR hips failed within five years of implant. The analysis also suggests that the implant is likely to fail prematurely in thousands of more patients in the next few years. Those patients will have to undergo costly and pain revision surgery.

If you or a loved one have a DePuy ASR hip implant, please call us at 1-800-557-8176 or contact us through our website at hendricksonlaw.com. You may be entitled to a substantial damages award.

For more information on the DePuy implants, see here, here and here.

Another hip implant has been recalled. Stryker Orthopaedics has recalled two brands of its devices, as reported here. Unlike previous recalls by DePuy which were of the metal-on-metal implant contact surfaces, consisting of a metal ball and a metal hip socket, the Stryker recall is of femur stem implants.

Post-implant complications indicate that the Rejuvenate and ABG II modular-neck systems are experiencing fretting and corrosion at the modular neck junction. This corrosion and fretting appears to be leading to the same kind of patient reactions as the metal-on-metal head implants.

It would appear that patients may expect to encounter metalosis, pseudo tumors, aseptic loosening and other problems.

If you or a loved one have Stryker implant and have experienced any problems, please call our office at 314-721-8833.

The New York Times has reported that a Johnson & Johnson/DePuy hip implant that was sold overseas, was rejected by the FDA in 2009.

DePuy Debris.jpg

The implant was new hip resurfacing implant. Unlike traditional hip implants, in which the ball portion of thigh bone or femur is removed and a replacement stem and ball are implanted, this particular implant left the femur largely intact and placed a ball shaped cap over the existing femoral head. Most importantly for U.S. medical consumers, the same pelvic (or ace tabular) cup portion of the implants, was used in both the ASR resurfacing system and the ASR system which was approved and sold in the U.S. That ASR implant was eventually the subject of a recall in August 2010–a full year after the FDA had rejected the sister-product.

Both systems are so-called metal-on-metal hip implants because they involve a metal ball and a metal socket. The apparent problem with the implants is that the design of the metal sockets are such that the friction between the two components creates metal debris which reacts in many patients and causes infection-like responses, destroying bone, muscle, ligament and soft-tissues, leading to pain and dislocations of the hips. The metal can also seep into the blood and, in effect, cause a type of metal blood poisoning. The only way to stop the effects is to remove the metal cup and replace it with a traditional plastic lined cup.

The DePuy ASR implants are the subjects of thousands of lawsuits around the country. Most have been consolidated into a multi-district litigation based in the U.S. District Court for the Northern District of Ohio. However, many cases remaining pending in state courts throughout the U.S.

In related litigation, another DePuy metal-on-metal hip implant, the Pinnacle, has also seen cases consolidated in a multi-district litigation, this one in the Northern District of Texas. Generally, the same metal debris problems are occurring with the DePuy Pinnacle implants as occurred with the ASR implants.

For more information on the DePuy ASR Hip Implants, see my previous posts listed below. If you or a loved one have a DePuy ASR or DePuy Pinnacle implant, or suspect you have any metal-on-metal implant, call our offices immediately at 1-800-557-8176.

DePuy ASR Hip Implants Recalled

Hip Implants Withdrawn From Market

Metal on Metal Hip Components Linked to Early Failures

The New York Times has a recent article on The High Cost of Failing Artificial Hips that does a good job of outlining the the cost related to the seemingly epidemic failure of the metal-on-metal hip implants from DePuy and others. If you’ve had a hip replacement in the last 10 years, I would recommend that you read it here.

hip-replacement-220.jpg

If you have a DePuy ASR or Pinnacle metal-on-metal hip implant, I would strongly urge you to contact me to discuss your rights. Even if you are not currently experiencing problems with your hip replacement, you should be aware of the pending litigation and what you should do.

To be clear, there is no class action currently pending for these implants and I don’t anticipate that there will be. What is in place is called a Multi-District Litigation that has some of the characteristics of a class action, but differs in many ways. The most important difference is this: If you don’t file a lawsuit, your interests will not be protected and you will not receive a settlement. In the typical class-action anyone who can be identified as having received the defective product will receive notice of a settlement. That is not true in a Multi-District Litigation.

If you have had a DePuy ASR or Pinnicle, a Zimmer Duron or any other metal-on-metal implant, please contact me immediately at 1-800-557-8176 or see my website at www.stlmedicalmalpractice.com.