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Rottenstein Law Group Comments on News That J&J Marketing Department Was Concerned Side ...

Fri, 29 Aug 2014 16:36:23 +0100

(PRWEB) February 13, 2013

More testimony during the DePuy ASR trial points toward potential problems for Johnson & Johnson. The company’s marketing department allegedly encouraged its sales staff in emails and at a conference to be “ruthless” about selling the later-recalled DePuy ASR hip replacement system, the Rottenstein Law Group reports after reviewing videotaped testimony* given on Feb. 13 at the trial currently underway in Los Angeles.

The Rottenstein Law Group, which finds this news troubling, will continue to offer analysis of and monitor progress from the nation’s first ASR trial, In re: Loren Kransky and Sheryl Kransky v. DePuy, Inc., et al. (BC456086, Los Angeles Superior Court). Additional testimony at the trial, according to a Bloomberg** report, indicated that emails between employees of Johnson & Johnson subsidiary DePuy showed they were worried in 2007 about how the metal ions would affect sales. The DePuy ASR, which went on the market in 2003, was recalled in August 2010. The metal-on-metal design of the hip components can potentially cause metal particles to enter a hip recipient’s bloodstream because of friction.

“Thousands of hip implant recipients could have been spared pain and serious side effects if DePuy did in fact know about the alleged risks of its ASR hip implant and acted in a responsible manner,” said Rochelle Rottenstein, principal of the Rottenstein Law Group, which is actively filing ASR lawsuits on behalf of hip implant recipients. “The people who call us daily with alleged side effects such as metal poisoning could have used this information years ago.”

Read more: DePuy Hip Recall News: Rottenstein Law Group Comments on News That J&J Marketing Department Was Concerned Side Effects Would Affect Sales

DePuy Update: Problems with Artificial Hip Devices

Thu, 14 Feb 2013 20:08:28 +0100

The New York Times published an article predicting that the sum of artificial hips operations would run into the billions. Legal and medical professionals foresee that hip replacement surgeries may sum up to billions of dollars in following years, resulting in a booming cost of medical care.

In December 2011, the New York Times reports about grievances of clients over DePuy Orthoapedics Inc. compensation program through Broadspire Services. Broadspire is responsible for the compensatory claims of complainants.

For instance, Paula Laverty was warned by her hospital that they would sell her debt of $41,578 to a debt collection agency, if she did not pay the whole amount. After some time in settling the situation with DePuy, she discovered that the company only paid $18,000 to the hospital. This situation illustrates a negative outcome of Broadspire Services.

“Things have not gone smoothly,” is the New York Times description of DePuy’s recall claims compensation process.

Problems with the design of DePuy metal-on-metal hip devices may had led to the rubbing of metal components against each other and casting microscopic metal bits into the body. Problems resulting from faulty DePuy hip replacement surgery are:

·         Unexplained hip pain
·         Hip dislocation
·         Swelling
·         Complete hip failure
·         Metallosis (metal toxicity or blood poisoning)
·         Pseudotumors
·         Additional hip replacement or revision surgery
·         Loosening of hip device
·         Bone loss
·         Inflammatory reactions
·         Presence of chromium and cobalt in the blood that may lead to cancer
·         Detachment of the hip device from the bone
·         Tissue damages
·         Genotoxicity (genetic damage)
·          Bone fractures

The Food and Drug Administration (FDA) have taken notice of about 400 negative feedbacks from DePuy clients between 2008 and the time of its recall announcement. Many of these clients need a second hip replacement surgery. DePuy Orthopaedics, Inc. and its mother company Johnson & Johnson are currently facing various lawsuits filed by law firms in UK, US and Australia, in behalf of patients who underwent hip replacement operations.

DePuy Orthoapedics Inc. and Johnson & Johnson should circulate a vast range of information regarding malfunctioning hip replacement symptoms so that its patrons would be provided with due medical attention.

“Most major medical centers have seen issues with this device,” Dr. Joshua J. Jacobs, the chairman of orthopedic surgery at Rush University Medical Center in Chicago, says in a newspaper interview. Legal experts report that numerous patients have filed lawsuits against Johnson and Johnson. According to legal observers, the DePuy hip replacement recall should serve as a lesson to other device manufacturers to strengthen and certify the safety of their products. Hence, if you experience any doubts and concerns about your hip surgery, immediately consult your doctor on your health condition. And you should further seek legal advice to know your rights as a victim and whether you are qualified for compensation.

References:
bloomberg.com/news/2010-09-03/johnson-johnson-sued-over-recalled-implanted-hip-replacement-devices.html
arthritistoday.org/news/asr-depuy-hip-replacement-recall078.php
nursinghomesabuseblog.com/defective-products/defects-with-depuy-hip-replacement-hardware-may-be-responsible-for-complications-following-hip-surgury/

The Steps of Hip Resurfacing Procedure

Wed, 09 Nov 2011 21:31:18 +0100

Physical therapy, along with medicines, are the most common treatment options advised for patients with painful and damaged joint, research says. Surgical repair is only advocated for cases where non-invasive procedures were not successful. The patient may undergo total hip replacement(THR) or an alternative procedure, the hip resurfacing arthroplasty. However, a forum on medical technology finds out that metal-on-metal hip resurfacing too risky.

Hip resurfacing is commonly done on younger patients suffering from severe hip arthritis. Patients below 60 years old are advised to have hip resurfacing in place for total hip replacement because they might need several revision surgeries. Hip resurfacing is believed to preserve more bone and prevent possible complications associated with revision hip replacement surgery.

How does the surgery takes place?

The concept of surface replacement, also known as hip resurfacing, originated in the 1970s as an attempt to preserve bone during the implantation of an artificial hip joint. Hip resurfacing involves less bone removal. The whole ball and socket joint is not removed. A metal cap is placed in the area approximate the worn out cartilage.

The surgeon may gain access into the hip joint using two different incisions. With anterior approach, the hip joint is viewed from the front. With posterior approach, the cut is made in the rear. But, no approach is considered the right one. The approach to use counts on the experience and training of the surgeon.

A hip resurfacing procedure typically lasts between one and one-half to three hours. The operation starts upon incision of the thigh 15-20 centimeters long.Then the femoral head is dislocated out of the socket. Next, the head is trimmed with specially designed power instruments. A metal cap is placed over the prepared femoral head. A special tool called a reamer is used to remove the cartilage from the acetabulum. A metal cup is then pushed into the socket and held in place by friction between the bone and the metal. The incision is closed once the cup is in place and the femoral head is placed back into the socket.

The patient is transferred to the recovery after the operation where he will be closely monitored by the nurse. If after two hours patient’s vital signs are within normal range, he will be cleared to go back to his room.

Hip resurfacing is thought of as a viable alternative by approximately 10-15% of candidates for hip replacement.Although it is believed that the procedure has lesser complications than THR, it is best to consult a health care provider. Even if complications may appear less in hip resurfacing than in THR, consultation with a health care provider for careful evaluation is recommended. While the procedure poses fewer complications than THR, it would be best if you consult a health care provider for a careful assessment. The surgical technique as well as the hip implant to be used must be thoroughly discussed. The ASR hip system of DePuy Orthopedics is undergoing a worldwide ASR hip replacement recall after studies show that the device was found defective.

Reference:
http://www.hss.edu/conditions_hip-resurfacing-overview.asp
http://www.eorthopod.com/content/hip-resurfacing-arthroplasty
http://www.londonhip.com/resurfacing.html
http://www.jointreaction.co.uk/procedure.php?id=23

A Glance on Hip Implant Dislocation

Thu, 14 Feb 2013 20:07:35 +0100

Replacement surgery is frequently recommended for patients who have a continually painful and stiff hip caused by advanced osteoarthritis or a fracture in the hip. Hip replacement is a surgical procedure in which the hip joint is replaced with a prosthetic implant. This is normally advised to patients after physical therapy and medications were tried but have failed. Implants are available in the market and each are made out of different materials. The Food and Drug Administration evaluates and tests the safety and effectiveness of the hip implants using their 510(k) approval process. However, a recent report of the Institute of Medicine (IOM) criticizes the approval process and was agreed upon by the New England Journal of Medicine.

Patients always worry about complications and predicaments with every surgery. Hip dislocation after a total hip replacement is crucial the first six weeks after surgery. Hip dislocation happens when the femoral head is displaced out of the hip joint. Dislocation may happen if the capsule is stretched or the muscles surrounding the joint have weakened. It is usually accompanied by pain, edema, rigidity, shortening of the leg and loss of function. Approximately 0-5 percent of the primary hip replacement develops dislocation but rate increases with revision of the hip surgery.

Physical therapy, post-operative care and patient education can help prevent dislocation. The prosthesis may take time to stabilize, until it happens, patient needs to follow certain positioning precaution to keep the prosthesis in place. Means of preventing dislocation include:

Knees should be apart at all times
Do not cross the leg when seated
Bending the hip for more than 90 degrees is not allowed
Avoid turning the affected leg inward

After a total hip replacement, it is almost always possible to develop a dislocation. Hence, it is imperative to follow post-operative instructions and have a regular check-up with a health care professional to lessen the risk of dislocation. It is advisable to consult a health care professional regarding hip replacement, its nature and possible outcome and complications such as a DePuy hip recall before deciding on having the surgery.

The Various Approaches Used In Artificial Hip Device Implantation

Wed, 20 Jul 2011 19:11:08 +0100

The issuance of a hip recall for alleged defective hip implants from DePuy Orthopaedic's ASR XL Acetabular Hip System and ASR Hip Resurfacing System led to an estimated 1,000 DePuy hip replacement lawsuits filed by afflicted individuals. But a hip replacement surgery has been found to be quite effective in most patients and they actually reported that they experienced improvement after the surgery.

A hip replacement surgery is an invasive type of major orthopaedic operation implemented by a surgeon who specializes in bone disorders. This can be done as a total replacement or a partial replacement wherein impaired parts of the hip bone or hip joint is replaced by an artificial hip implant. Irreversible damage to the acetabulum and femoral bones seen in osteoarthritis is usually treated with total hip replacement surgery.

On the other hand, a joint replacement orthopaedic surgery which is a type of partial hip replacement surgery is done primarily to treat pain from the inflammatory effects of arthritis and this is also conducted as a supplementary treatment for hip fracture to fix some hip joint injury. There are various techniques used in a hip replacement procedure.

The "techniques" mentioned here involves the different sites of incision made by the surgeon to the gluteus medius (a section of muscle found on our buttocks) upon the time of the operation. The different techniques or approaches in a hip replacement surgery are:

Posterior approach: the incision is made at the back part of the buttocks and allows easy access to the acetabulum and femoral bone; this is also known as Moore or Southern approach.
Lateral approach: which is also known as Hardinge or Liverpool approach, is the commonly used approach in hip replacement surgery.
Antero-lateral approach: known also by the name Watson-Jones approach.
Anterior approach: pelvic fracture is indicated for a Smith-Petersen approach, another name of this technique.
Minimally-invasive approach: there is minimal damage to the muscles and tissues during surgery since small incision is made at various location. The disadvantage of this approach is there is minimum visualization of the operation area.

The surgeon determine what is the best approach to use in a hip replacement surgery. The doctor also advices what is the best hip implant to use. With the issuance of a DePuy hip recall, patients who are considering this type of surgery can be assured that the defective hip implants from DePuy are not in the market anymore. For more information about the recall and lawsuits, visit related sites available.

Post-Surgical Pain After Hip Replacement

Wed, 11 May 2011 19:11:36 +0100

People who underwent hip replacement surgeries would attest that recovery and rehabilitation is never easy for them. Having chronic pain after surgery then is unwelcome. Orthopedic surgeons claim that previous damage on the hip joint account for the pain and it is being compounded by the hip procedure. Unfortunately for those who have received the hip implants manufactured by DePuy Orthopaedics, they would have to suffer from more complications due to the inherent flaws found in two of its ASR hip replacements.

DePuy's neglect in providing durable and risk-free products prompted one woman in Texas to file a DePuy ASR lawsuit. She experienced pains and had to undergo several more revision surgeries because the defective ASRs would simply not do.

A person experiencing post-surgical pain would often consult their doctors regarding their condition hoping something can be done to alleviate the pain. However, most of them find themselves being given medication to relieve the pain instead to finding out what the source of pain was. Patients claim that tests would yield nothing and doctors would not do anything further to help them. On one hand, physicians would argue that there is no possible way of knowing where the pain came from since current MRI sequences cannot accomplish this.

Clearly, more studies to further current medical technology is needed to address this problem. But that does not excuse the fact that DePuy sold hip implants without testing them for safety. Persons who have had a hip replacement surgeries after 2003 have a chance of having received an ASR device. When you see that you did, contacting a product liability lawyer would be a wise next step. They offer free legal consultations to determine whether your claim hold validity. Visit the ASR Hip Recall information now for updates.

Effects of Hip Replacements By DePuy More Formidable

Tue, 22 Mar 2011 06:06:10 +0100

In the summer of 2010, two hip implants were the subject of a DePuy hip replacement recall and since then, updates are constantly being given to those who are interested in the issue. Compensatory damages are being sought by those who have been made to go through both monetary and non-monetary losses as a result of the recall. Evidently, DePuy should answer for its negligence in providing the public with safe and hazard-free products and devices.

Even more alarming, there is recent news from a Bloomberg article which revealed that the hip implants, ASR XL Acetabular System and ASR Hip Resurfacing System were far more dangerous than what was previously thought by experts and the people. The source of this update was provided, yet again, by a foreign organization. According to the British Orthopaedic Association and the British Hip Society, “Data on the ASR XL Acetabular System from four surgeons show the rate of second operations, or revisions, ranges from 21 percent after four years to 49 percent after six years.” That means that in six years, almost half of all recipients would require a second hip replacement surgery to correct the damage DePuy's ASRs inflicted.

The organization's acting chairperson had this to say, “About 10,000 of the hips were implanted in the U.K., including 5,000 or so resurfacing devices and 5,000 of the ASR XL prostheses, also known as total-hip replacements.” In the 93,000 hip replacements sold worldwide, 46,500 of them would fail within six years.

The British organization further discourages patients from using metal-on-metal hip replacements when it said, “Based on the results presented, the use of large diameter metal-on-metal bearings in primary total hip replacement should be carefully considered and possibly avoided.”

If you or a loved one was affected by the recall, it is essential that you arm yourselves with pertinent information regarding the recall and the lawsuits surrounding the case. You have grounds for a lawsuit especially now that the DePuy implants were far more dangerous than ever before. Visit the DePuy ASR hip replacement recall today.

The Dangers of Signing Agreements with DePuy after the Hip Recall

Wed, 02 Mar 2011 16:18:54 +0100

With the recent DePuy recall, the Johnson & Johnson subsidiary has been making fervent efforts at fooling patients into accepting poor compensatory damages for access to their medical records and for the return of their defective implants after surgical removal. Patients should be aware of the dangers of signing any agreements with the company before consulting with a lawyer about their legal options.

DePuy has already contacted patients supposedly offering reimbursements for losses suffered due to the defective replacement devices. Using vague terms, the company claims that it will give reparations for “certain out-of-pocket medical expenses” in exchange for “simply” signing medical releases allowing DePuy authorized access to private records with the promise of returning the recalled implant. The harsh truth is that DePuy will only reimburse patients for “limited and reasonable” costs. These costs, of course, are determined by the company itself and will more than likely be equivalent to an unfair sum.

Patients that may be affected by the DePuy hip implant recall should seek the consultation of an experienced lawyer handling hip recall cases before signing any agreements presented directly by a representative of DePuy Orthopaedics or by a physician. DePuy has encouraged the ethically questionable practice of having doctors give their patients paperwork on behalf of the company. This practice is currently being challenged.

Patients may have already acquired additional expenses for necessary medical tests due to defective hip replacement implants, suffered from pain and reduced mobility, or needed corrective surgery to replace the original implant. They may also have obtained other damages such as loss of income, or have become at risk for these types of damages due to the hip implant recall. Patients should know the risks of signing any agreement associated with the DePuy hip recall. DePuy is a company that is highly motivated in avoiding hip replacement lawsuits by taking away a patient’s legal right to fair and reasonable compensatory damages. Patients involved with the hip replacement recall are encouraged to consult a hip replacement lawyer to educate themselves about protecting their legal rights and determining the amount of compensation they may be entitled to. Information regarding ongoing litigation may be found on the DePuy hip recall website.

Metallosis Caused By Recalled DePuy Hip Devices

Thu, 14 Feb 2013 20:07:43 +0100

DePuy Orthopaedics, a division of Johnson & Johnson, issued a hip replacement recall in August of 2010 for the company’s Articular Surface Replacement (ASR) Hip Resurfacing System and ASR XL Acetabular total hip replacement, consequently due to data linking these products with substantially high failure rates. A serious condition that has added to the suffering of hip replacement recipients is metallosis.

Metallosis results from metal-on-metal friction of the hip implant causing release of potentially dangerous levels of chromium and cobalt, which are the heavy metals found in the implant components. These metallic particles are released because the metal components that make up the DePuy hip implants rub against each other to mimic the natural movement of the hip. Once released into the bloodstream, chromium and cobalt ions accumulate in different areas of the body and cause neurological damage and allergic reactions in the form of rashes. Ultimately, a large number of patients receiving these defective implants could be faced with having to undergo a second corrective hip implant surgery.

A study performed by English researchers at Oxford University showed that 3.4 percent of patients out of 660 who received DePuy metal hip implants experienced signs and symptoms associated with metallosis. In comparison, a group of 155 patients who received a competing manufacturer’s hip devices were examined and found to not have experienced similar side effects.

The lawsuit against DePuy Orthopaedics by recipients of the malfunctioning hip replacements stem from the fact that these patients feel DePuy did not sufficiently warn consumers about the harmful side effects caused by these hip devices. Information regarding ongoing litigation can be found on the DePuy hip recall website.