ASR Failed Internal Tests in 2007

Although the recall began in August 2010, according to the New York Times, back in 2007, DePuy engineers conducted tests comparing the ASR to a similar metal-on-metal DePuy hip replacement. The ASR failed these tests, and in the words of Kransky’s lawyer, “They changed the test and tested it against other things until they found one it could beat.” DePuy’s executives discussed ways of trying to fix the design defect but never did so. Meanwhile, DePuy’s own consultants ceased using the implants.

Flaw Traced to Cup Design

The reason the ASR failed so frequently, DePuy concluded, was that the groove on the inside of the cup that surgeons used to fit it into place limited the surface area within which the implant could rotate. Consequently, the implant grinded and released cobalt and chromium ions, which can cause local tissue damage and metallosis, or metal poisoning.

DePuy initiated a project to redesign the cup to remove the groove on the inside of the cup, but in mid-2008 it abandoned its efforts. The reasons remain unclear, but one possibility is that surgeons were already using the ASR less frequently, and DePuy was awaiting U.S. Food and Drug Administration approval of the ASR Hip Resurfacing System, which it rejected in 2009 for possibly high failure rates.

RLG Advocates for ASR Recipients

Although the Kransky trial is underway, it’s only the first of many. If you received an ASR replacement and believe it caused you and injury, the Rottenstein Law Group can help you obtain compensation for full medical expenses, lost income, pain and suffering, and other damages. For a free, private consultation with a lawyer from RLG, click on this link or call 1-877-312-3274.

DePuy Disputes Study’s Sample

The accuracy of the estimated failure rate weighs heavily on the outcome of many cases. If the rate is high, as it is here, hip replacement lawyers can better convince a jury that DePuy defectively designed the ASR. A lower failure rate makes DePuy appear a better corporate citizen. Consequently, upon disclosure of the DePuy study, DePuy spokesperson Mindy Tinsley said that the internal analysis “was based on a small, limited set of data that could not be used to generalize” the overall failure rate of the ASR.

DePuy has used this line of attack before, such as when the National Joint Registry of England and Wales, which helped publicize the ASR’s higher-than-expected failure rate before the recall, reported in 2011 that the ASR failed in one-third of recipients. The British Hip Society calculated that the ASR’s revision rate can “range from 21% revision rate at 4 years (potentially rising to 35% if all currently known painful implants progress to revision) to 49% at 6 years.”

Trial Underway

The Kransky trial began on January 25, 2013, and there are many witnesses who will testify to show that the ASR was a defectively designed device. Kransky’s case was chosen from 2,000 California state court lawsuits because he has cancer and may not live longer, according to the New York Times.

RLG Advocates for ASR Recipients

Though all eyes are on California, it’s not the only place where DePuy lawsuits will be adjudicated. Thousands more are located in the Ohio MDL, and many more are pending in New Jersey state court. If you received a recalled ASR device, time might still be on your side, and the amount of compensation from filing a DePuy lawsuit might be greater than trying to settle your claim against the company because a lawsuit can result in recovery of full medical expenses, lost earnings, pain and suffering, and other damages. For a free, confidential legal consultation with a lawyer from the Rottenstein Law Group, click on this link or call 1-877-312-3274 and we will call you as soon as possible.

Lawsuit Claims Vary From Those in the United States

Although the fact that the lawsuit will move forward alone represents a step forward in the story of the DePuy ASR recall litigation, details of Ms. Pierson’s suit show how her case differs from those in the United States. In particular, most plaintiffs with cases in the federal multidistrict litigation, New Jersey multicounty litigation, and other states allege that DePuy and J&J injured them by designing a defective product.

By contrast, Ms. Pierson’s alleges her injuries arose due to breach of contract. Specifically, aside from naming DePuy and J&J as defendants, she is also suing the Ireland’s public health care system, Health Service Executive (HSE), and the Herald quotes her as alleging she entered into a contract with the HSE in March 2007 and September 2008 to have her right and left hips, respectively, replaced with DePuy ASRs. Ms. Pierson argues the ASRs were “not of merchantable quality,” and started to malfunction. She learned of the recall via a letter sent from Navan General Hospital.

Litigation Not Predicted to Proceed This Way

Back in July 2012, the Irish Times reported that the DePuy ASR hip recall would cost the government dearly and drag on for years. Because DePuy only offered to pay for recipients’ revision procedures and out-of-pocket expenses—the same offer it extends to American recipients via Broadspire, Inc.—and not for recipients’ pain and suffering as well, Irish lawyers were concerned that obtaining full compensation for recipients would require a complicated process called “tripartite litigation.” In short, the Irish government would have to champion the claims of its injured citizens, the HSE, and public hospitals against the surgeons and DePuy. It’s possible that Ms. Pierson’s lawsuit is an attempt to avoid such a lengthy process by trying to obtain compensation from the HSE and DePuy directly.

RLG Represents ASR Recipients

Irene Pierson’s lawsuit will probably not be the last filed against DePuy in Ireland, and the Rottenstein Law Group will keep readers updated as events unfold. Most American recipients, however, can take some solace: Although the first trials against DePuy won’t begin until May 2013, the U.S. judicial system is certainly more efficient than Ireland’s in this regard, so if you received an ASR device and believe you are entitled to compensation from DePuy, click on this link or call 1-877-312-3274 and a lawyer from RLG will contact you as soon as possible to give you a free, private legal consultation.

For more information on the DePuy recall, download this free brochure.

Click Here to Download this free DePuy ASR Recall Brochure

Earlier in 2012, the respected British medical journal Lancet made waves when one of its articles advised orthopedists to completely discontinue using metal-on-metal hip replacements in patients. The authors arrived at this conclusion in a study backed by the National Joint Registry of England and Wales (NJR), one of the joint registries outside the United States that helped identify the high failure rates of DePuy Orthopaedics’ ASR XL Acetabular System and ASR Hip Resurfacing System. When it was published, even the British Hip Society supported the Lancet‘s findings. Now, in another study funded by the NJR the medical journal comes to a similar conclusion: Hip resurfacing procedures should not be performed on women.

Resurfacing Marketed to People under 55

The Lancet‘s researchers compared the failure rates of 434,560 total hip replacements, which included 31,932 hip resurfacing procedures. They found that the five-year failure rate in women who were first operated in at age 55 was poor irrespective of the femoral heads’ diameters, ranging from 8.3 percent 11.7 percent. By contrast a metal-on-plastic hip replacement has a five-year failure rate of two percent in similar circumstances. The procedure only had comparable failure rates to metal-on-plastic devices in men when the femoral heads were large.

Unlike a total hip replacement, hip resurfacing only adds a metal head onto the femur. Joint manufacturing companies have historically marketed hip resurfacing to potential recipients under the age of 55. According to the U.S. National Institute of Health, an American orthopedics professor discourages this type of marketing because the elderly will often purchase products “intended” for young people, whether they work well for them or not.

The Lancet article concludes:

“We recommend that resurfacing is not undertaken in women and that preoperative measurement is used to assess suitability in men. Before further new implant technology is introduced we need to learn the lessons from resurfacing and metal-on-metal bearings.”

RLG Represents ASR Recipients

Inadequate testing has dogged metal-on-metal hip replacements, and DePuy Orthopaedics’ recalled ASR series is no exception. If you received an ASR and believe it injured you, it’s important not to try to negotiate with DePuy alone because the amount of compensation from a hip replacement lawsuit might be greater. For a free, confidential consultation with a lawyer from the Rottenstein Law Group, click on this link or call 1-877-312-3274.

Australian Public Should Be ‘Concerned’ about Health Risks

The story, dated September 20, 2012, quotes a statement from the TGA advising patients to be “concerned” about potential health risks if they have been implanted with a metal-on-metal hip replacement device. The TGA, a division of the Australian government’s Department of Health and Ageing suggests that recipients should have their devices checked “regularly” and “at least annually in some cases.” Patients should also be mindful of thigh and hip pain, which could be an indicator that something is amiss with their devices. Additionally, blood tests should be performed to check for elevated levels of metal in the bloodstream, as all-metal devices are known to shed microscopic metal particles as they wear, which can cause other serious health problems besides device failure. The article also mentions the recent study conducted by the U.K.’s National Joint Registry that suggested all-metal hip replacement recipients are not at an increased risk for developing cancer in the first seven years after receiving their implants, despite previous reports stating there might be a higher risk due to metal toxicity.

RLG Can Help If You’ve Been Injured by Your DePuy Hip Replacement

Despite the absence of a mature artificial joint registry in the United States, the Australian government’s advice to its citizens should be heeded by those in the U.S. who are concerned about their health and well-being after being implanted with an all-metal hip replacement.

If you have recently undergone hip replacement surgery and are experiencing pain, swelling, or difficulty performing routine tasks, it is important to speak with your physician immediately to determine if you have been implanted with a faulty device manufactured by DePuy or another company. Your next step would be to speak with a qualified personal injury lawyer.

The Rottenstein Law Group has over 25 years of collective experience helping individuals who have been injured by defective medical devices and dangerous prescriptions drugs. If you’d like a free, confidential consultation with one of our attorneys, click on this link or call 1-877-312-3274 to see if you might be able to obtain compensation from DePuy.

For more information on the DePuy recall, download this free brochure.

Bellwether Trial Dates Set

Like multidistrict litigation, in MCL the court orders the parties to select a handful of cases to serve as bellwethers for the remaining plaintiffs’ cases. Bellwether trials allow the parties to gauge the value of their cases and choose to settle them or take them to trial themselves.

On September 19, 2012, Judge Martinotti issued Case Management Order 16, which lays out the bellwether pretrial schedule, including the following points:

• The first bellwether trial will begin on September 9, 2013, which will be after the first DePuy ASR multidistrict litigation bellwether trials in federal court.
• The second bellwether trial is scheduled for October 21, 2013.
• The parties will select three candidates for bellwether cases each by October 15, 2012.
• The parties will have until January 15, 2013, to conclude the discovery process, including depositions of the plaintiff, the implanting surgeon, the explanting surgeon, and one fact witness to testify as to whether the case merits bellwether status.
• February 1, 2013, the parties shall submit their preferences as to which of the six cases should serve as bellwethers, but the court encourages the parties to agree beforehand.
• Remaining discovery must be completed by July 19, 2013, for the September trial and August 23, 2013, for the October case.

RLG Advocates for ASR Recipients

Aside from the Maryland state court trials that will begin in January 2013, and the federal bellwether trials that should begin in May 2013, the New Jersey MCL bellwether trials are the latest state court trials that have been scheduled. If you received a recalled DePuy ASR device, it’s important to avoid negotiating alone with DePuy because the amount of compensation from a DePuy hip lawsuit might be greater than what DePuy will offer you via its recall reimbursement program. To speak with a lawyer from the Rottenstein Law Group, just click on this link or call 1-877-312-3274. The initial consultation is free of charge and confidential.

For more information on the DePuy recall, download this free DePuy ASR brochure.

Click Here to Download this free DePuy ASR Recall Brochure

One of the reasons the DePuy hip recall occurred at all is that artificial joint registries outside the United States discovered that ASR hip replacement devices failed at rates that were higher than expected for metal-on-metal hip replacements. In particular the Australian Orthopedic Association National Joint Replacement Registry (AOANJRR) expressed concerns about the ASR in the late 2000s, leading orthopedists to reduce their use of the DePuy hip in their patients and to DePuy’s decision to remove the ASR from the market while still selling it elsewhere. The AOANJRR’s findings, along with those of the registry in the United Kingdom, will likely play a prominent role in future DePuy hip trials. In its 2012 annual report, the AOANJRR attributes a significant number of recent hip replacement revision procedures to the ASR.

Orthopedists Concerned ASR Will Contribute to Many Future Revisions

The Annual Report analyzes the number of hip replacement revision procedures conducted in Australia in 2011 and compares it to the 2010 figure. In 2010, 11.3 percent of all hip replacement surgeries in Australia were revisions of previously implanted devices, but in 2011, that percentage grew to 12.5. Although the increase appears minor, according to the Annual Report, “Last year there were 573 revision procedures reported for this prosthesis [the ASR XL Acetabular System], this accounted for almost all of the increase in revision hip procedures.” There were 332,351 total hip replacement procedures performed in Australia in 2011.

Importantly, the Annual Report added that artificial hips large femoral heads (greater than 32 mm in diameter) are more likely to fail than smaller heads, and it predicted that revisions of these kinds of hips “will continue to contribute to an overall increase in the revision burden for hip replacement [sic] in Australia for the next few years.” Finally, in a chart appearing on page 11 of the Annual Report, it appears that the yearly cumulative percent revision for more than 70 percent of implanted ASR XL Acetabular Systems would be greater than 30 percent after six years. Metal-on-metal hip replacements are supposed to last for 15 years.

RLG Advocates for DePuy Recipients

What the AOANJRR’s Annual Report tells us is that many people will likely need to have their ASRs replaced, even those who might not yet have symptoms of hip replacement failure. If you received an ASR device and believe it caused you an injury, it’s important to know that the amount of compensation from a DePuy lawsuit might be higher than what the manufacturer will offer you through its recall reimbursement program. For a complimentary, legal consultation with a lawyer from the Rottenstein Law Group, click on this link or call 1-877-312-3274.

Larger Thighs Can Contribute to Instability in Obese Patients

In the study, researchers simulated hip dislocations as they occur in humans and determined that larger thighs create hip instability in morbidly obese patients. The term “morbidly obese” refers to those individuals with a body mass index (BMI) of 40 or greater.

“We have shown that morbidly obese patients’ thighs are so large that they are actually pushing each other outward and forcing the implant out of its socket,” said Jacob Elkins, a University of Iowa graduate student, and author of the study published in the journal Clinical Orthopaedics and Related Research. “Studies have shown up to a 6.9-fold higher dislocation rate for morbidly obese patients compared to normal weight patients.”

Using a computational model he created to understand how a hip implant works in patients, Elkins and his research team studied 146 healthy adults and six cadaver pelvises. They examined the effects of thigh-on-thigh pressure on the hip implant during a wide range of movements from sitting to standing. With the ability to simulate movements in human bodies of varying sizes, the team could test different implants. Their findings determined that the greatest risk for dislocation occurred in patients with a BMI of 40 or greater, and that implants with a larger femoral head diameter did not substantially improve joint stability. The solution, according to the study, is to use an implant with a high-offset femoral stem to decrease the risk of dislocation.

“The larger your legs are, the more force that goes through the hip joint,” Elkins said. “It’s a simple concept. When your thighs are real big, they push on the hips.”

Surgeons treating obese hip implant patients can use the study findings to select better implant designs and modify their surgical procedures to minimize the chance of dislocation in obese patients, the researchers said.

RLG Can Help If You’ve Been Injured by Your Artificial Hip

Although the size of one’s body can be a contributing factor to how successful a hip replacement procedure is, the device itself might be to blame regardless of how large or small a person is.

If you have recently undergone hip replacement surgery and are experiencing pain, swelling, or difficulty performing routine tasks, it is important to speak with your surgeon immediately to determine if you have been implanted with a faulty device manufactured by DePuy or another company. Your next step would be to speak with a qualified personal injury lawyer.

The Rottenstein Law Group has over 25 years of collective experience helping individuals who have been injured by defective medical devices and dangerous prescriptions drugs. If you’d like a free, confidential consultation with one of our attorneys, click on this link or call 1-877-312-3274 to see if you might be able to obtain compensation.

For more information on the DePuy recall, download this free brochure.

Click Here to Download this free DePuy ASR Recall Brochure

Close to two years after the hip recall began, the first DePuy ASR hip trials have been scheduled. The first hip replacement lawsuit will go before a jury in Maryland state court on January 2013. The case involves three recipients of DePuy Orthopaedics’ recalled ASR hip replacements. In late July 2012, a case management conference for the federal DePuy ASR multidistrict litigation (MDL) proceeding resulted in the scheduling of the first “bellwether” trials on May 6, 2013 and July 8, 2013.

DePuy recalled the ASR XL Acetabular System and ASR Hip Resurfacing System in August 2010 after artificial joint registries outside the United States determined that they failed in patients at higher-than-normal rates. DePuy and its parent company, Johnson & Johnson, face about 4,700 DePuy ASR hip lawsuits in federal court (as of September 2012) and hundreds in state courts.

DePuy ASR MDL Bellwether Trials Scheduled

The Maryland plaintiffs fought against DePuy to keep their case out of the ASR MDL in federal court because they believed the process would take too long. MDL consolidates the pretrial proceedings of a large group of cases with common facts, legal issues, and frequently parties. The participants hold bellwether trials to help them determine the extent of the defendant’s liability. Afterward, plaintiffs decide if they want to settle their cases against the defendant or if they want to take their cases to trial themselves. The DePuy ASR MDL is located in the U.S. District Court for the Northern District of Ohio before District Court Judge David A. Katz.

On July 25, 2012, Judge Katz announced the schedule for the pretrial procedures leading up to the bellwether trials in Case Management Order 14.

• August 8, 2012 – Both plaintiffs and defendants must select four cases each to serve as bellwethers. The plaintiffs must have had their ASR revised and cannot have undergone bilateral revision of hip replacements in both hips.
• November 1, 2012 – The parties must conclude depositions of the plaintiff, the implanting surgeon, the explanting surgeon, and one fact witness per side as necessary to determine if the case’s facts are sufficient for it to serve as a bellwether for the other cases.
• December 1, 2012 –The parties must inform the court which cases they believe should serve as bellwethers. Judge Katz encouraged them to agree on the four plaintiffs.

RLG Represents Hip Replacement Recipients

Although the state court case is approaching trial sooner than any federal ones are, the number of cases in MDL has grown from 3,700 in March to 4,700 in September. If you received a recalled DePuy hip replacement and believe it injured you, it’s important to know that the amount of compensation from a DePuy hip lawsuit might exceed what the company is willing to offer you via its recall compensation program. There is still time to file a lawsuit, and it might result in a damage award for full medical costs, lost income, and pain and suffering. For a free consultation with a hip replacement lawyer from the Rottenstein Law Group, click on this link or call 1-877-312-3274.

More Longitudinal Data Needed

The study compared 40,600 people who received all-metal implants with nearly 250,000 who received other types of hip implants. The researchers pointed out that comparing hip replacement recipients with the general population wasn’t a good idea because people who receive hip replacements of all kinds tend to be healthier to begin with. The study found no clear evidence that recipients of all-metal implants developed cancer at higher rates than the control group within the seven-year observation period. In fact, recipients of all-metal hip resurfacing devices were less likely to develop cancer than recipients of all-metal total replacement devices and those of other types. This held true for men as well as women.

Importantly, the researchers stopped short of claiming their findings disproved the cancer link. They stressed the fact that their data were merely observational in nature, and symptoms could present themselves after the seven-year period their study covered.

RLG Advocates for Those Injured by All-Metal Hips

Research on the metal-on-metal hip replacement cancer link is still evolving, but hopefully those who’ve received such devices can find relief in the British Medical Journal‘s findings. That said, all-metal hips have been connected to serious side effects, and if you believe a recalled DePuy hip injured you, it’s important to know that the amount of compensation from a DePuy hip replacement lawsuit might be greater than what the company is willing to provide via its recall reimbursement program. A lawsuit can allow a plaintiff to recover full medical expenses, lost income, transportation costs, damages for pain and suffering, and possibly punitive damages. Click on this link or call 1-877-312-3274 and a hip replacement lawyer from the Rottenstein Law group will call you as soon as possible.

For more information, download this free DePuy ASR brochure.