Oklahoma Jury Awards $2.5 Million in DePuy ASR Metal-on-Metal Hip Device Implant Lawsuit, Parker Waichman LLP Comments

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Parker Waichman LLP continues to review potential personal injury lawsuits on behalf of individuals who suffered alleged metal poisoning associated with all-metal hip replacement devices.

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All-metal hips have been associated with high and premature failure rates and an array of alleged, adverse medical reactions, said Mr. Falkowitz. Our clients have also alleged that debris from the chromium and cobalt hip devices have caused tissue death.

National law firm, Parker Waichman LLP, continues to evaluate potential cases involving metallosis (metal poisoning) and other alleged injuries associated with metal-on-metal hip implant devices and notes that a Tulsa County, Oklahoma jury returned a multi-million-dollar compensatory damage verdict in favor of a woman who alleged both of her DePuy ASR metal-on-metal hip implant devices failed. The case is Andrea Smith v. DePuy Orthopedics, Inc. and Johnson & Johnson, Case Number: CJ-2011-5804, in the District Court, Tulsa County, Oklahoma.

“Parker Waichman LLP continues to represent individuals who have allegedly suffered injuries associated with metal hip replacement devices and is pleased to see the DePuy ASR litigation move forward,” said Gary Falkowitz, Managing Attorney at the Firm.

The DePuy ASRIM XL Acetabular System, known as the ASR XL, is a metal-on-metal total hip implant system that was designed, manufactured, and sold by the defendants: DePuy Orthopedics, Inc.; DePuy International Limited; Johnson & Johnson; Johnson & Johnson Services, Inc.; and Johnson & Johnson International. The DePuy ASR was first made available in the United States in 2005 and was recalled in August 2010, according to the lawsuit. In this case, the device was implanted on the Plaintiff’s right side on October 25, 2006 and on her left side on February 6, 2007. Following the two implant surgeries, both DePuy ASR hip implants failed, according to lawsuit allegations. The plaintiff underwent a number of surgeries, including surgeries to remove the devices in 2011 and 2012. The Plaintiff’s implanting surgeon and the Plaintiff’s explanting surgeon believe both of the Plaintiff’s ASR XL implants failed, the lawsuit indicates. (Andrea Smith v. DePuy Orthopedics, Inc. and Johnson & Johnson, Case Number: CJ-2011-5804, in the District Court, Tulsa County, Oklahoma.)

“All-metal hips have been associated with high and premature failure rates and an array of alleged, adverse medical reactions,” said Mr. Falkowitz. “Our clients have also alleged that debris from the chromium and cobalt hip devices have caused tissue death and increased blood metal ion levels.”

According to Parker Waichiman LLP, some of the alleged adverse reactions that the Firm is seeing include, but are not limited to, increased blood metal ion levels and metal poisoning; dislocations; pain; fracture; difficulty ambulating, rising, standing, and balancing; noise emanating from the joint; and pseudotumors.

The Plaintiff alleges that the DePuy ASR XL hips are defective; that DePuy was negligent with respect to the ASR XL hips; and that, as a result of the defective nature of the implant, the plaintiff suffered damage, including, among other issues, pain, toxic metal poisoning, and nerve, tissue, and muscle damage, according to the lawsuit. (Andrea Smith v. DePuy Orthopedics, Inc. and Johnson & Johnson, Case Number: CJ-2011-5804, in the District Court, Tulsa County, Oklahoma.)

Parker Waichman LLP has represented clients in several multidistrict litigations (MDLs) and multicounty litigations (MCLs), including:

  •     In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation (MDL No. 2197) in the U.S. District Court, Northern District of Ohio
  •     In re: Biomet M2a Magnum Hip Implants Products Liability Litigation (MDL No. 2391) in U.S. District Court for the Northern District of Indiana, South Bend Division.
  •     In Re: Stryker Rejuvenate Hip Stem and ABG II Modular Hip Stem Litigation (MCL No. 296) in New Jersey’s Superior Court of Bergen County.
  •     In re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Product Liability Litigation (MDL No. 3:11-md-02244) in the U.S. District Court for the Northern District of Texas.

“My firm will do everything we can to ensure justice for those individuals who were allegedly injured due to defective metal-on-metal hip implants,” Mr. Falkowitz said.

“As we have long noted, not all medical devices are tested for safety before they are released to market. This is a long-discussed, well-known issue in the system that has given rise to increased controversy, especially concerning metal-on-metal hips,” Mr. Falkowitz pointed out.

In the United States, device makers may seek U.S. Food and Drug Administration (FDA) clearance through a 510(k) application should a device be substantially similar to a device that has already been approved. Under this clearance route, device makers are only required to file paperwork with the FDA and pay a fee, according to Parker Waichman.

Parker Waichman LLP continues to offer free legal consultations to victims of injuries allegedly caused by metal-on-metal hip implants. If you or a loved one have experienced premature failure of, or other health problems associated with a metal-on-metal hip implant, please contact the Firm at its Defective Hip Implant page at yourlawyer.com. Free case evaluations are also available by calling 1-800-LAW-INFO (1-800-529-4636).

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