DePuy ASR Hip Recipients Opt to File Personal Injury Lawsuits Over Previously Filed Class Action
New York, New York (PRWEB) July 10, 2013 -- On June 12, Gregory Lund and John Cox filed a motion to withdraw from a class action lawsuit against Johnson & Johnson and DePuy Orthopaedics in order to pursue personal injury claims against the medical implant manufacturer. The plaintiffs informed Judge David Katz, who is presiding over the consolidated federal DePuy ASR cases (In RE: DePuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation, MDL 2197), that their implants had been replaced due to early failure, reports Harris Martin Publishing.
Wickens et al. v. Johnson & Johnson (Case No. 2:2010cv02252) was filed in the U.S. District Court for the Central District of Illinois in November 2010 by 13 Indiana and Illinois plaintiffs seeking to recover the costs of medical monitoring for the plaintiffs and others who had received either the recalled DePuy ASR XL Acetabular or the ASR Hip Resurfacing system. Medical monitoring was estimated to cost $ 5 million.
Prior to the resolution of that case, plaintiffs Lund and Cox both were forced to submit to hip revision surgery and have their implants replaced, thereby eliminating their need for continued medical monitoring as demanded in their class action complaint.
According to Harris Martin, Judge Katz recently granted a similar motion filed by plaintiffs Georganne Marty and Marcia Owens to withdraw from the same suit, also because of revision surgery. Cox and Lund bring the total to four failed hip implants out of the thirteen original plaintiffs. These numbers are in line with DePuy's own estimates of the failure rates of the ASR implants, reported by the New York Times to be nearly 40 percent in five years.
On June 7, Cox and Lund each filed personal injury lawsuits against DePuy (Cox v. DePuy Orthopaedics, et al., No. 2013-L-006247, Lund v. DePuy Orthopaedics, et al., No. 2013-L-006249, Ill.Cir.Ct.,Cook Cty.) in the Illinois Cook County Circuit Court, where court documents say approximately 305 cases had been filed (In Re: DePuy ASR Hip Litigation, Case No. 2010 L 010506) as of January 28th, 2013.
David Eisbrouch, managing partner of Balkin & Eisbrouch, LLC, has spoken with many DePuy hip implant recipients. "In the immediate aftermath of the ASR recall, we received hundreds of phone calls from hip replacement patients who were eligible to file a lawsuit simply on the basis of their need for continued medical monitoring. It seems quite likely that many of those callers would have experienced added complications in the years since the recall was first announced," he says.
“The need for continued medical monitoring is in itself a hardship that may constitute the basis for a compensable award by the court,” explains founding partner Charles Balkin. “But a total hip implant failure that results in intense pain, revision surgery, rehabilitation, time away from work and family- that type of injury calls for a greater demand of damages and a more complex , personal plan of legal action.”
Balkin and Eisbrouch, LLC offers their personal injury trial expertise to those in need by offering free legal consultation to hip implant recipients who have been injured by their devices.Learn more about DePuy hip complications and legal developments on their extensive website.
About Balkin & Eisbrouch, LLC
Balkin & Eisbrouch, LLC has a longstanding record of pursuing successful personal injury claims in hip implant cases as well as other product liability, medical malpractice, and negligence complaints throughout the country. Charles Balkin and David Eisbrouch have over 40 years combined experience and can represent clients in state or federal court and on individual, class action, or mass tort litigation. The firm is currently accepting new cases involving the DePuy ASR and Pinnacle hip systems.
Contact
Balkin & Eisbrouch, LLC
126 East 56th Street
New York, NY 10026
Tel: 855.888.2529
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Andrew Orlander, Balkin & Eisbrouch, LLC, http://injurylawyer-news.com/, +1 9142410371, [email protected]
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