Articles Posted in DePuy & Metal-on-Metal Hip Lawsuits

Trials for DePuy are MovingFollowing an upsetting defeat in 2014, litigators everywhere are paying close attention to a series of DePuy lawsuits set to be heard this year as they are to be the bellwether trials by which all others are to be weighed against. The cases all allege that the DePuy Pinnacle product line of hip replacements provided to be unreliable and resulted in numerous injuries to patients similar to those experienced by patients receiving the ASR hip replacement line. Johnson and Johnson, DePuy’s parent company, remains brazen in its defense of the Pinnacle product line and has not recalled the devices as it had with ASR devices that caused injuries due to metal on metal components grinding against one another.

DePuy Wins First Battle but not the War

The first bellwether case was heard in Texas in 2014 which alleged that the Pinnacle hip replacements were the source of metalosis, infections, degradation of the hip socket and that patients required revision surgeries to repair the damage caused by the devices. DePuy struck an early win in the case as the company was exonerated from blame, causing Johnson and Johnson to become more emboldened in its defense of the product line. If the upcoming cases have similar results, it may not bode well for the numerous victims who are part of the developing mass tort being filed against Johnson and Johnson.

More and More Getting Hip ReplacementsRecent studies have revealed that more Americans are the recipients of total hip replacements than ever and that patients are receiving hip replacements at younger ages than before. There are more people living in the United States with hip or knee replacements now than people who are being treated for heart failure. With the increase in hip replacements comes the need for better and more advanced ongoing care to reduce complications. The recent mass torts against companies such as Stryker and DePuy highlight the reality that not enough has been done to ensure the safety of patients and the longevity of the products that they rely on for mobility.

Who is most likely to Need Hip Replacements

Roughly 2.5 million Americans are living with a hip replacement and women are more likely to require hip replacements than men. The number of people living with hip replacements has risen to 2.3% of those over the age of 50 and nearly 6% of people living beyond the age of 80 will require a hip replacement at some point. Studies are showing a dramatic increase in the number of younger patients requiring hip replacements, however.

Tissues from Surgery May Help in RecoveryAccording to researchers, those patients who need a hip replacement may soon be able to heal their damaged bones much faster thanks to cells that are taken during the hip replacement procedure. A new, groundbreaking study reveals that previously discarded tissue might be used to collect stem cells in order to help regrow fat, cartilage, and bone when patients with arthritis have hip replacements.

Hip replacements are commonplace

Every year hundreds of thousands of Americans have hip replacements. In 2003, the number of Americans with hip and knee replacement surgeries was already well over 800,000, and the numbers keep rising. According to Melissa Knothe Tate, the chair of biomedical engineering at the University of NSW, the previously discarded tissue that is uncovered during these surgeries can be used to help increase the healing process.

Deadlines to file claim loomsThere was a settlement announced recently in the DePuy ASR litigation. The settlement between DePuy Orthopaedics and thousands of plaintiffs is going to be for nearly $2.5 billion and will likely resolve the claims of almost 8,000 plaintiffs. However, despite the fact that these plaintiffs now have a settlement, another 4,000 claims (approximately 33 percent of all claimants) are still pending.

Information about the settlement

Those plaintiffs that are eligible to receive a settlement will receive a base reward of $250,000. A number of different factors may ultimately increase or decrease that amount. The main problem with the artificial hips is that they have a basic design flaw; the metal-on-metal system that DePuy used in these hips allows the metallic particles to move away from the hip implant. This metal is then distributed throughout the body.

DePuy settlements have expectations.There are thousands of hip replacement proceedings pending throughout the nation. This means that many people have an interest how these legal cases will be resolved. While hip manufacturers have failed to make a meaningful settlement up until now, having a better understanding of the settlement process may provide you with some peace of mind.

Understanding the procedural framework

The first thing that people need to understand is the procedural framework that will likely govern these settlements. At the time of writing, there are more than 10,000 lawsuits pending. These lawsuits are against various hip manufacturers, some of the most important manufacturers include: Zimmer (look here), Wright (learn more here), Stryker (view Stryker page here), and DePuy. These lawsuits are on behalf of plaintiffs who have suffered damage or injury because of an artificial hip.

DePuy Hip Problems are showing up all overHip Implant Lawsuits Extend Across Borders

One of the most interesting developments to note in defective hip implant litigation is the international scope it has now taken. Whether a plaintiff is in England, Switzerland, Canada, or the United States, it is clear that plaintiffs are stepping up to file lawsuits against hip implant manufacturers regardless of geographic location. There is incredible momentum behind the hip implant lawsuits that have been initiated in the international community, and hip implant manufacturers are beginning to notice.

North of the United States, there are thousands of Canadian plaintiffs who have suffered from injuries as a result of defective hip implants. These plaintiffs are now pursuing DePuy lawsuits in Canada. Justice Belobaba of the Ontario Superior Court of Justice recently approved a class action against DePuy Orthopaedics that involves 400 to 4,000 individuals who have been injured from the implant. The common allegation amongst all plaintiffs is that there is a defect in the design and manufacturing of DePuy hip implants. Justice Belobaba took a more liberal approach in offering a fast approval of the class action lawsuit.

Broadspire In Stryker Hip Implant CasesRole of Broadspire In Stryker Rejuvenate & ABG II Hip Implant Cases

Dealing with a failed hip implant can already be stressful, but dealing with a third-party claims administrator can simply add to the stress. If you have a failed Stryker hip implant, then chances are that Stryker Orthopaedics has referred you to a company named “Broadspire.” This third-party claims administrator was created for the sole purpose of dealing with the over 9,000 individuals who have received defective hip implants. This company functions like an insurance claims administrator, and this company decides the amount in which an individual is entitled to receive for his or her failed hip implant. Individuals are required to deal with the third-party claims administrator if they wish to receive compensation from injuries resulting from a failed hip implant.

You may be wondering whether it is effective to even deal with Broadspire. There have been plenty of questions and concerns raised by individuals who have defective Stryker hip implants. If you are wondering whether it is truly in your best interest to deal with Broadspire, then you can contact one of our personal injury lawyers to learn more about this company and whether filing a legal action may be more effective for you.

Settlement Pot For Pending DePuy Hip CasesClaiming Compensation for DePuy Hip Injury Patients

The complaints over defective hip implants have reached an all-time high. There are currently multi-district litigation proceedings and class action lawsuits pending against one of the major makers of hip implants, DePuy. DePuy is a subsidiary of Johnson & Johnson, so J & J has stepped in to help deal with the multitude of pending claims and allegations over its defective hip implants.

Every hip injury patient who has suffered as a result of having a hip implant should be eligible to receive compensation. It seems that J&J is attempting to anticipate future claims by paying over $3 billion to settle lawsuits that deal with these hip implants. Bloomberg News made this report late in August, after it spoke with five people who were familiar with the DePuy hip injury lawsuits and claims process.

DePuy ASR Hip Trial A Chicago jury has returned a verdict in favor of Johnson & Johnson in what was the second DePuy ASR lawsuit that went to trial. After nearly two months of trial, the Cook County, IL jury determined that the company did not act negligently in withdrawing its hip prosthetic device from the market.

Different trials, very different results

This result is substantially different than the initial DePuy ASR trial where a California jury awarded a man $8.3 million in damages related to his defective hip.  Interestingly, much of the case was premised upon the same evidence such as when DePuy became aware of the problems with their hip in relation to when the device was recalled from the market.

DePuy-Hip-Recall-LawsuitsJust days following a substantial verdict in favor of a man who suffered serious health problems following the implantation of a DePuy artificial hip, a new DePuy ASR hip defect trial is getting underway in Chicago, IL.

Similar to many other recipeints of the DePuy ASR artificial hip, Carol Strum (54) the named plaintiff in this Cook County, IL case, suffered a path of pain and disability following her implantation of the now recalled metal-on-metal device. Finally, after three years of pain and high levels of metal ions in her blood, Strum required a second surgical procedure known as a hip revision surgery to remove the defective prosthetic and replace it with a traditional device.

Product recalled, but device not the cause of injuries?