The Outbreak Hip Continues

Human Femur Anatomy - Photo by: Hey Paul Studios - Source: Flickr Creative CommonsHuman Femur Anatomy - Photo by: Hey Paul Studios - Source: Flickr Creative Commons

The outbreak of early metal on metal hip implant breakdown continues at an alarming speed.

ASR Metallosis Harm AttorneyTotal Amount of DePuy ASR Resolutions Surpasses Cases 9,400

This new agreement expands the deal to contain remembered ASR implants that were revised as of January 31, 2015.

J&J had initially consented to settle about 8,000 ASR litigation cases, that people brought when their hip replacement neglected and had to be removed prior to August 31, 2013. The first deal left several thousand DePuy ASR hip suits in limbo.

J&J DePuy ASR Resolution Details

Patients who developed “outstanding harms”, and complications related to the revision operation, may also get additional damages and all medical expenses will likely be covered by producer.

Tens of thousands of Hips ASR Defective J&J in Americans

Regardless of the resolutions, there are a large number of individuals throughout the U.S. who still have a faulty planted DePuy ASR hip. It’s projected that as many as 30,000 ASR hips were planted in the U.S. prior to the world wide recall.

August 2010 Recall ASR J&J

The metal-on-alloy implant was remembered in August 2010, due to a high speed of failures related to the design that is defective. This faulty hip discharged cobalt and chromium metallic debris into the hip joint as well as the body as the parts grind against each other during regular use. This build-up of heavy metals is known as metallosis.

DePuy ASR Hip Failure Rate

More recent data has indicated the DePuy hip failure rate could be considerably higher, ending up in the 35% to 45% range.

Latest $2.5M Oklahoma Jury Verdict

Andrea Smith, from Oklahoma has been granted $2.5 million after enduring alloy blood poisoning from DePuy ASR hip replacements. The state court jury found the DePuy ASR hip to be unreasonably dangerous and defective.

Smith, received ASR hip implants on each and every side in February 2007 and October 2006. Based on Smith, after elevated rates of Cobalt and Chromium metal ions were found in her blood, she needed to undergo revision surgery to get the implants removed in 2011 and 2012.

More Than 7,700 J&J DePuy Suits Hip Pinnacle

Continues is J&J to deny, delay and defend thousands of cases involving similar metallosis issues from the failure and early DePuy Pinnacle hip. The DePuy Pinnacle is an older version that has a substantially similar metal-on-metal layout.

There are more than 7,700 DePuy Pinnacle hip suits pending throughout the U.S.

DePuy Pinnacle Bellwether Trials

Ten distinct cases which were chosen to be ready for early trial dates have been identified by the Dallas court. The trials help the parties estimate juries may react to similar evidence and testimony that’s repeated through the entire litigation.

REFERENCES

  1. Stryker. (2012, July 6). Stryker initiates voluntary product recall of modular-neck stems [Press release]. Retrieved fromhttp://www.fda.gov/Safety/Recalls/ucm311043.htm
  2. Gallagher, M-P. (2013, January 31). Court consolidates suits over recalled Stryker hip implants. New Jersey Law Journal. Retrieved fromhttp://www.njlawjournal.com/
  3. Singer, S. (2013, January 27). Artificial hips corrode, poisoning some patients, local lawsuits say. Palm Beach Post.
  4. Sponer v. Howmedica Osteonics Corporation, d/b/a Stryker Orthopaedics. (2012, November 7).
  5. Helder v. Howmedica Osteonics Corporation, d/b/a Stryker Orthopaedics. (2013, January 18).Farrel, G. and Nussbaum, A. (2011, May 11). J&J, Hip Makers Asked by FDA for Patient Data on Metal in Blood.
  6. Bloomberg News.
  7. Guilfoyle, J. (2012, July 6). Stryker Initiates Voluntary Product Recall of Modular-Neck Stems. Action Specific to Rejuvenate and ABG II Modular-Neck Stems. News release. U.S. Food and Drug Administration. Retrieved from http://www.fda.gov/safety/recalls/ucm311043.htm
  8. United States Judicial Panel on Multidistrict Litigation. (2013, Nov. 18). MDL Statistics Report – Distribution of Pending MDL Dockets.
  9. Grant, G. (2013, Jan. 24). Notice to the Bar: Designation of New Jersey State-Court Litigation Involving Stryker Rejuvenate Hip Stem and the ABG II Modular Hip Stem Components as Multicounty Litigation. Supreme Court of New Jersey. Retrieved from http://www.judiciary.state.nj.us/notices/2013/n130130a.pdf
  10. Martinotti, B. (2013, Nov. 18). In re: Stryker Rejuvenate & ABG II Modular Hip Implant Litigation. Case No. 296. Civil Action Case Management Order No. 10. Superior Court of New Jersey.
  11. In re: Stryker Rejuvenate & ABG II Modular Hip Implant Litigation. Case No. 296. Civil Action Case Management Order No. 10. Superior Court of New Jersey.
  12. Martinotti, B. (2013, Sept. 24). In re: Stryker Rejuvenate & ABG II Modular Hip Implant Litigation. Case No. 296. Civil Action Case Management Order No. 10. Superior Court of New Jersey. Retrieved from http://www.judiciary.state.nj.us/mass-tort/abgstryker/cmo9.pdf
  13. Martinotti, B. (2013, Oct. 23). In re: Stryker Rejuvenate & ABG II Modular Hip Implant Litigation. Case No. 296. Civil Action Case Management Order No. 10. Superior Court of New Jersey.
  14. Frank, D. (2013, Nov. 21). In re: Stryker Rejuvenate and ABG II Hip Implant Products Liability Litigation. Pretrial Order No. 6. U.S. District Court, District of Minnesota.
  15. Feeley, J. and Voreacos, D. (2013, Nov. 13). J&J Said to Reach $4 Billion Deal to Settle Hip Lawsuits. Bloomberg News.
  16. Stryker Corp. Form 10-Q (filed Oct. 23, 2013). Retrieved from: http://www.sec.gov/Archives/edgar/data/310764/000031076413000210/syk09302013q3.htm.
  17. http://www.njlawjournal.com/id=1202675404864/1B-Settlement-Reached-in-Stryker-Hip-Implant-Mass-Tort?mcode=1202615653063&slreturn=20141005133244