Consumer Reports Scrutinizes ASR Hips and Surgical Mesh

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Bernstein Liebhard LLP applauds Consumer Reports’ efforts to bring media attention to dangerous medical devices such as ASR hips and surgical mesh.

Bernstein Liebhard LLP backs Consumer Reports’ efforts to spotlight the potential dangers associated with certain medical devices, including ASR hips and transvaginal surgical mesh.* As part of its ongoing investigation probing into safety issues associated with medical devices approved by the U.S. Food and Drug Administration’s (“FDA”) 510(k) process, on March 28, 2012, Consumer Reports posed the question, “Is your implanted medical device safe?” on its website. The answer: “You might assume so, but many implanted devices, including artificial joints and surgical mesh, were never clinically tested on humans before being put on the market. . . Worse still, if anything goes wrong, you might not hear about it and may even have a hard time finding out what device you got.” In support of this cautionary warning, Consumer Reports cited issues with DePuy ASR hip replacement implants, which were recalled in August 2010 and transvaginal surgical mesh, two products that have prompted thousands of lawsuits by injured patients.

To illustrate the need for reform, Consumer Reports shared the story of Susy Mansfield. Mansfield received one of the recalled ASR hips, but was unaware of the recall for five months. According to Consumer Reports, “[t]he only evidence that she had a DePuy hip was a small card she was given to help her through airport security that had that brand name on it.” Consumer Reports is actively attempting to effectuate changes in the current system. “One of [their] recommendations is that every implanted device should have a ‘unique identifier,’ similar to a serial number, to enable patients to hear quickly about recalls or other safety issues.” Another is to create national registries so that problems can be spotted quickly and patients notified.

Consumer Reports Investigation Coincides With Mounting Litigation Over ASR Hips and Surgical Mesh

In light of this latest development, Bernstein Liebhard LLP partner Felecia L. Stern, who is representing clients injured as a result of defective medical devices, including ASR hips and surgical mesh commented, “Having seen the devastating injuries many of our clients have suffered as a result of these devices, we agree with Consumer Reports that the system needs fixing. A national registry would be a tremendous step forward. Indeed, it was data from the National Joint Registry of England and Wales showing that 1 out of every 8 patients who received an ASR hip replacement had to undergo revision surgery within five years of implantation that spurred the recall.”

The DePuy hip replacement lawyers at Bernstein Liebhard LLP are actively filing cases on behalf of individuals who have been implanted with metal-on-metal hip implants manufactured by DePuy in the following actions: In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation (“MDL No. 2197”), which is currently underway in the U.S. District Court for the Northern District of Ohio and In re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation (“MDL No. 2244”), which is currently underway in the U.S. District Court for the Northern District of Texas. The lawsuits allege that the ASR hip replacement and the metal-on-metal Pinnacle hip replacement systems were defectively designed.

In addition to litigation over metal-on-metal hip systems, the lawyers at Bernstein Liebhard are actively filing cases in In re Pelvic Mesh/Gynecare Litigation, No. 6341-10 (N.J. Super Ct.), and In re Pelvic Mesh Litigation/Bard No. L-6339-10 (N.J. Super. Ct.), which are two consolidated actions of all the vaginal surgical mesh lawsuits filed in New Jersey state court.        

For more information about filing a defective medical device lawsuit, contact an attorney at Bernstein Liebhard LLP at (877) 779-1414 or at info(at)consumerinjurylawyers(dot)com.


About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past nine consecutive years. Only two firms in the country have been selected for the Hot List nine years in a row.

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ATTORNEY ADVERTISING. © 2012 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, (212) 779-1414. The lawyer responsible for this advertisement in the State of Connecticut is Amy L. Abate. Prior results do not guarantee or predict a similar outcome with respect to any future matter.

Contact Information:
Felecia L. Stern, Esq.
Bernstein Liebhard LLP

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