San Diego, CA (PRWEB) February 20, 2014
http://www.resource4thepeople.com/defectivemedicaldevices/DePuy-ASR-hip-implant.html
Resource4thePeople today announced it latest update involving lawsuits that have been filed by hip implant patients over allegations involving metal hip systems produced by DePuy Orthopaedics.
“There continue to be important developments involving thousands of lawsuits that have been filed across the country over allegations that the DePuy ASR* and Pinnacle** hip systems were defectively designed and failed many patients," said Resource4thePeople.
The DePuy ASR systems, which were recalled by the Food and Drug Administration*** Aug. 24, 2010, and the Pinnacle system are both the subjects of multidistrict litigation in federal courts in Ohio and Texas.
The latest update on these cases and other such lawsuits that have been filed across the country is that the court files in these cases show that as a multi-billion settlement continues in the Ohio cases the number of lawsuits in both multidistrict litigations has continued to increase.
According to figures**** compiled by the U.S. Judicial Panel on Multidistrict Litigation there were 8,569 ASR cases in Ohio and 5,126 Pinnacle cases in Texas as of the latest reporting period ending Jan. 15, 2014.
“These figures demonstrate a continued increase in the number of consumers inquiring about DePuy metal-on-metal hip implant allegations and seeking experienced, aggressive legal help,” said Resource4thePeople.
"Therefore, we will continue to provide consumers with free consultations about their eligibility to seek compensation over these allegations while posting timely updates about the latest developments about litigation involving allegations about metal-on-metal hip implants."
The proposed multibillion dollar settlement involving allegations over recalled ASR metal hip systems produced by DePuy Orthopaedics has been put forth by DePuy's parent company, Johnson & Johnson.
Bloomberg News reported***** on Nov. 21, 2013 that plaintiffs who have sued over these allegations would be eligible for a settlement “if they had an ASR implanted in the U.S. or a U.S. military hospital, had it removed for reasons related to the recall by Aug. 31 and had it in place for at least 180 days.”
Resource4thePeople is encouraged that a settlement proposal has been submitted and that there may be a resolution for some of those who are alleging they have been victimized by devices that have been recalled.
“However, the proposed settlement may not be the best avenue of compensation for all victims and the fact that there is a settlement being proposed in no way prevents other consumers from coming forth and filing their own claims in connection with metal-on-metal hip devices that allegedly failed,” said Resource4thePeople.
Bloomberg also said in its report that DePuy’s parent company, Johnson & Johnson, agreed to pay nearly $2.5 billion to resolve about 8,000 suits by patients who’ve already had defective hips removed and that there are still an estimated 4,000 suits from patients who haven’t yet had their implants removed.
“The accord, which ultimately could be worth more than $4 billion, doesn’t bar patients whose hips fail in the future from seeking compensation from the company,” Bloomberg reported.
The New York Times in a Nov. 12, 2013 posting****** reported on the huge scope of the proposed settlement saying, "The tentative plan, which must win court approval, represents one of the largest payouts for product liability claims involving a medical device."
"This tentative settlement is good news for the thousands of consumers who may have been affected by allegations that these metal-on-metal hip implants known as the Articular Surface Replacement, or ASR systems were flawed and caused serious health problems," said Resource4thePeople.
The devices were the subject of a nationwide recall in which the FDA warned consumers about the dangers of metal-on-metal hip implant systems.
In its announcement, the FDA said, "there was a voluntary recall of the DePuy ASR TM total hip system because of new, unpublished data from the UK joint registry indicating the revision rates within 5 years were approximately 13 percent."
The Times, in its settlement report, said that, "Many artificial hips last 15 years or more before they wear out and need to be replaced. But by 2008, data from orthopedic databases outside the United States also showed that the A.S.R. was failing at high rates in patients after just a few years."
"Internal DePuy projections estimate that it will fail in 40 percent of those patients in five years, a rate eight times higher than for many other hip devices," the Times also reported.
The federal cases, and another multidistrict consolidation******* of state cases that now numbers over 600 lawsuits involving the same allegations are progressing on parallel tracks, said Resource4thePeople.
Here is a description******** of the common allegations taken from the federal litigation court file:
"The actions share factual issues as to whether DePuy’s ASR XL Acetabular Hip System, a device used in hip replacement surgery, was defectively designed and/or manufactured, and whether DePuy failed to provide adequate warnings concerning the device, which DePuy recalled along with another ASR device,3 the ASR Hip Resurfacing System, in August 2010."
Sources:
*In re: DePuy Orthopaedics Inc., ASR Hip Implant Products Liability Litigation, MDL-2197, U.S. District Court for the Northern District of Ohio
**In re: DePuy Orthopaedics Inc. Pinnacle Hip Implant Products Liability Litigation, 11md2244, U.S. District Court for the Northern District of Texas
***http://www.fda.gov/medicaldevices/productsandmedicalprocedures/implantsandprosthetics/metalonmetalhipimplants/ucm241770.htm#2
****http://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_District-January-15-2014.pdf
*****http://www.bloomberg.com/news/2013-11-21/j-j-hip-implant-judge-warns-of-rogue-websites-on-accord.html
******http://www.nytimes.com/2013/11/13/business/johnson-and-johnson-said-to-agree-to-4-billion-settlement-over-hip-implants.html
*******In Re: DePuy ASR Hip Implants Litigation, BER-L-3971-11, Superior Court, Bergen County, New Jersey
********http://www.ohnd.uscourts.gov/home/clerk-s-office-and-court-records/multidistrict-litigation-cases/mdl-2197/