DePuy hip implant lawsuits offered by Resource4thePeople

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Metal hip implants were not adequately assessed, according to testimony in first ASR trial.

Resource4thePeople announced today that as the first trial involving claims of defects in metal-on-metal hip implant systems moves forward Resource4thePeople is continuing to provide referrals for victims of such implants to lawyers offering free consultations.

These consultations can provide legal options to victims who may have suffered health problems from metal hip implant systems manufactured by DePuy Orthopaedics and other metalSa hip implant manufacturers.

These referrals by Resource4thePeople continue as a trial is underway in Los Angeles Superior Court in which DePuy and parent company Johnson & Johnson are defending themselves against a lawsuit claiming that the company’s metal hip implants were defective and that company officials failed to adequately warn consumers and government regulators.*

Resource4thePeople also is recommending that patients who have had metal hip systems implants – such as those that were eventually recalled by DePuy -- follow the progress of the trial, which is being covered by major media such as the New York Times.

The Times is reporting that a DePuy official has testified that the company “had not used appropriate engineering controls to try to anticipate the device’s problems.”**

According to the Times report:

“A review conducted internally by Johnson & Johnson soon after it recalled a troubled hip implant found that the company had not adequately assessed the device’s potential risks before it was used in more than 90,000 patients, court testimony on Thursday showed.

“The engineering report, which was done in 2010, also found that Johnson & Johnson’s orthopedic unit had used inadequate or incorrect standards in trying to assess some of those risks before first selling the implant in 2003. The device at issue — the Articular Surface Replacement, or A.S.R. — proved to be among the most flawed orthopedic devices sold in recent decades.

“The report was introduced on Thursday in Los Angeles Superior Court, in the first A.S.R.-related lawsuit to go to trial against the DePuy Orthopaedics division of Johnson & Johnson. More than 10,000 similar lawsuits have been filed in the United States.”

The Times reported that in videotaped testimony shown in court, Jimmy Smith, a compliance manager at DePuy, was asked about the report, and he said it indicated that company officials had not used appropriate engineering controls to try to anticipate the device’s problems.

“They did their job, but they could have done it better,” Mr. Smith said, according to the Times report.

The DePuy A.S.R. metal hip system is named in about 10,000 lawsuits that the federal court system has assigned to a federal judge in Ohio to coordinate pre-trial evidence gathering and other legal filings.*** Those cases are still pending as the Los Angeles Superior Court case proceeds.

These victims have filed allegations that the DePuy ASR hip implant system is defective and that victims have suffered serious health problems caused by metal parts flaking off and invading their bodies. Among the injuries claimed in these lawsuits are infections, inflammations, metallosis, tissue damage, recurring pain and, in some cases, replacement surgeries.

Resource4thePeople is providing referrals to hip implant lawyers who are offering free consultations for men and women who have suffered infections, bone fractures and other injuries as a result of failed hip implant systems.
As with most legal cases, there may be legal deadlines in such cases so it is recommended that victims make contact as soon as possible to preserve all legal options to seek compensation for medical costs, loss of wages, pain and suffering and other expenses.

On its web site DePuy confirms the company’s recall of the product:****

“In August 2010, DePuy issued a voluntary recall of our ASR™ Hip System after receiving new, then-unpublished data from a joint replacement registry in the UK. This data indicated that while many patients with the ASR Hip System were not experiencing any problems, a higher number of ASR patients than previously reported to DePuy needed a second surgery, called a revision surgery. It is important for all ASR patients to have their hip evaluated by their doctor.”

Resource4thePeople is also informing metal hip implant victims that similar allegations are being made in the United Kingdom.

The London Telegraph is reporting that Members of Parliament “are calling for a criminal inquiry into toxic hip implants after it emerged that a company sold toxic hip implants used in thousands of operations in Britain despite knowing for at least three years that they were potentially dangerous.”*****

The London Telegraph reported that DePuy continued to market metal hip implants after a leading British surgeon warned in emails to an executive of the manufacturer that patients were suffering.
“The company’s own data also allegedly disclosed that a relatively high proportion of the artificial hips, which are supposed to last a lifetime, were failing after two and a half years.” the Telegraph reported.

“Tests concluded that they were significantly more likely to fail than other models. DePuy continued to market the hips to British patients, hundreds of whom are now having them replaced because they are suspected of causing blood poisoning. The test results are not thought to have been shared with British regulators or made public.”


*In re: Loren Kransky and Sheryl Kransky v. DePuy, Inc., et al., BC456086, Los Angeles Superior Court
***In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation (MDL 2197) U.S District Court for the Northern District of Ohio

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Bill Callahan
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