May
25

DePuy Hip Replacement Settlement

Although a growing number of DePuy hip lawsuits are being filed by people throughout the country against DePuy Orthopaedics and its parent company, Johnson & Johnson, the litigation over the metal-on-metal hip implant is still in the early stages and there have not been any reported DePuy hip replacement settlements.

DePuy has indicated that will consider reimbursement for certain expenses that they deem reasonable, but it appears individuals will have to sign over important rights to secure this minimal compensation. In addition, those who require additional treatment and surgery as a result of DePuy hip replacement problems may be entitled to receive substantially more money to settle their claim than the manufacturer has indicating they will pay at this time.

Such compensation may include payment for past and future medical treatment, lost wages and non-economic damages like pain and suffering.

There are a number of factors that will go into determining the amount of any DePuy hip replacement settlement that is awarded based on the individual circumstances of each case. There is no “set” amount of money that will properly compensate all injuries, as each person has suffered different damages as a result of the recall and experienced different problems.

Any negotiation to settle DePuy lawsuits will be based on what a jury is likely to award in each case. If the lawsuits proceeds to trial, a jury will take into account the nature of the claimed injury in each case, the severity of the damage and the economic impact of the DePuy ASR injury. 

In determining the amount of non-economic damages for a DePuy metal hip replacement lawsuit, the following are some of the common factors that a jury may consider: 

  • The extent and duration of the injury suffered;
  • The effect that the DePuy ASR hip injury had on the overall physical and mental health or well-being of the plaintiff;
  • The pain and mental anguish suffered in the past and which will likely be suffered in the future;
  • The extent of any disfigurement or scarring caused by defective DePuy ASR hip implants or their removal;
  • The amount of any past or future medical expenses caused by DePuy metal-on-metal hip implants;
  • Any lost wages or loss of earning capacity. 

We can help you connect to Experienced DePuy Hip Replacemet Lawyers that can get you the compensation that you deserve with your DePHip Replacement Settlement. Pleaes fill out the Free Case Review Form on the right and an expereinced attorney will contact you to discuss your options.

In December 2010, the U.S. Judicial Panel on Multidistrict Litigation consolidated all federal DePuy ASR hip injury suits for pretrial proceedings, which will promote the efficient handling of these cases and may help facilitate a settlement agreement. Similar consolidated proceedings are likely to be formed in some state courts where a number of cases are filed.

If the manufacturer does not settle DePuy ASR lawsuits during pretrial litigation, a handful of claims will likely be selected for early trials, known as “bellwether” cases. These lawsuits will help the parties gauge the strengths and weaknesses of the cases. The testimony and evidence introduced in bellwether cases is likely to be similar to what will presented in other cases, and such trials often help the parties negotiate an agreement to settle other lawsuits.

May
25

DePuy Hip Recall

DePuy Hip RecallHip maker DePuy has recalled two popular hip replacement products, after research showed unacceptably high failure rates, leading to pain and additional surgeries for patients.

Hip replacement surgery has become a fairly common procedure in the U.S., with more than 193,000 total hip replacement procedures performed annually. Well-known people ranging from 41st president George Bush to rocker Eddie Van Halen have had the surgery, and continue to lead successful lives.

But even under the best circumstances, hip replacements can wear out, sometimes requiring subsequent surgeries 15-20 years later. These second procedures, known as “revision surgeries” are often less successful, and for an increasingly large number of people, they’re coming too soon after their initial hip replacement.

Last August, a leading hip replacement manufacturer, DePuy, announced that it was recalling two of its replacement hips, because they required revision surgeries at an unacceptably high rate. One study in Britain found 21 percent of the DePuy hips required revision surgery after four years, and nearly half (49 percent) required such surgery after just six years. For its part, DePuy (a division of Johnson & Johnson) claims that the revision rate after five years is only 12 to 13 percent.

Also troubling are reports that certain metal-on-metal hip replacement systems (including those recalled by DePuy) produce microscopic (or even atomic-sized) debris as the metal head (which replaces the head of the femur, or thigh bone) rubs against the metal cup (which replaces the hip socket).

These tiny metal shavings can show up as elevated levels of chromium and cobalt in the blood, and can damage the soft tissue (muscles and tendons) that surround the hip joint. One patient recovering from just such a revision surgery told the New York Times that the tissue damage felt like “fire” in his body.

With revision surgeries becoming increasingly common, anyone who has experienced problems with an artificial hip–or even other unexplained medical issues, which may be related–should contact a doctor to discuss whether their current hip replacement requires revision surgery. Such surgeries are typically more difficult than initial hip replacements, and so should not be undertaken lightly.

They may also be expensive, so anyone who is considering revision surgery should also discuss their situation with an experienced attorney, who may be able to obtain compensation for the costs associated with the surgery and recovery.

If you or a loved one think that you may have suffered due to the DePuy Hip Recall, please fill out the form to the right and an experienced DePuy Hip Replacement Attorney will contact you to discuss your options.

May
25

DePuy Pinnacle Hips

DePuy Pinnacle HipThe US Food and Drug Administration recently ordered all manufacturers of metal-on-metal hip replacement implants such as the DePuy Pinnacle to conduct studies to determine their risks, according to The New York Times.

The news source reports that the studies will examine patients who have received the implants and will look for evidence of metallic debris shedding and other potential side effects that many people have experienced.

Dr. William H. Maisel, deputy director for science at the FDA’s Center for Devices and Radiological Health, told the news source that the order reflects the agency’s ability to study medical devices after they have been approved for sale.

The federal agency reportedly issued a letter to 20 manufacturers asking for the additional testing, the news provider said.

Johnson & Johnson’s DePuy Pinnacle metal-on-metal hip implant has been under scrutiny after the FDA reportedly received hundreds of reports of side effects and adverse events associated with the devices. The DePuy Orthopaedics unit also recalled a significant number of products related to high failure rates in August 2010.