From All Over the Country: Hip Implant Lawsuits Filed

Manufacturers of hip implants have been the subject of legal claims
filed by recipients of defective prosthetic hips from a lot of
different places in the country. A division of Johnson and Johnson,
DePuy Orthopaedics is facing lots of product liability claims for the
ASR Hip Resurfacing System and the ASR XL Acetabular System.

These hip replacement systems were found to be defective, even having
results opposite to their purpose. Even three months after the implant
procedure, some have reported to have unendurable pain, worse, there
are reports that the implants were even dislodged from their
fastenings. The product has been investigated due to these complaints
and what they found out was that the working part of the product which
includes the ball and socket joint was rubbing against each other.
What’s more, this friction created metal ions inside of the body of
the host. These ions were found to be harmful, could lead to blood
poisoning, and even death if not treated. Now that these findings have
reached the consumers, there are a lot more of them who are coming out
to press charges against the products manufacturer.

Some of us would like to know the stories behind these cases. The
first ever recorded case against DePuy for their hip implants was
early in 2010, before the recall was issued for the two ASR products.
As for class action suits, two have been filed; one in Kentucky by
Brian Boone, and another one in Ohio by Carolyn Percy.

Many others like them are in need of a revision surgery for their
defective hip implants. Annie O’ Neill, a hiker all her life, had to
have revision surgery after her DePuy hip replacement got dislodged
after only three months of her procedure. People like them are
fighting for justice against the manufacturer of these products that
have diminished their quality of life.

Hip Implant Lawsuits Abound From Different States

Hip Implant recipients across the country have been pushing for legal
action against the manufacturer of their defective prosthetic hips.
DePuy Orthopaedics, a division of Johnson and Johnson, has been on the
subject of a lot of product liability suits lately from the recipients
of their defective ASR systems, namely the ASR Hip Resurfacing System
and the ASR XL Acetabular system.

The product has been found to be prone to giving excessive pain and
hinder the mobility of the recipient even just months after the
implant procedure. This has led many to investigate on the cause for
this discomfort. It has been found that the all-metal construction for
the ball and socket joint made it possible for both ends to rub
against each other, producing metal ion filings that may harm the host
gravely. This is why many of those who availed of these systems are
now going to court against DePuy, because they believe that the
manufacturer has to stand for what they have put into the market.

The earliest case against DePuy came from North California’s Federal
District Court 17. This was a few months before the August 2010
product recall, where they removed both ASR products from the market.
Class action suits, cases with a single defendant and multiple
plaintiffs, have also been filed against DePuy. Two have been known,
one from Brian Boone of Kentucky, and the other from Carolyn Percy
from Ohio. Carolyn has not even removed her defective implant even
though it gives her so much pain because she fights for a
court-overseen revision procedure paid for by the company.

 All the sad stories do not stop there. A hiker for the better part of
her life, Annie O’ Niell of Gardiner, New York, had undergone the
procedure in order to help her with her arthritis. The implant got
dislodged from her acetabulum, and she was under immense pain before
she had her revision surgery in July. Now she, like many others like
her, is in court to sue DePuy for having let them go through this
ordeal.

Continuing Torts: Stipulation That Can Extend Statutes of Limitation

Hearing about lawsuits, we never get the impression that there is a deadline that the court can accept the filing of the case. In the legal world this is dictated by the statute of limitations, a law much varied from state to state and will dictate when and how long the filing period would stand.

This is a disadvantage to the aggrieved party due to its apparent limitation of the availability of justice for their part. The state to state differences in the interpretation of these statutes of limitation can make it very hard for one to get to grips with their situation first before they are thrust into taking immediate action. Not only can this mean that the opportunity of legal action is denied to them, it also means that those who might have filed in time may not have made a thorough examination and assembly of the evidence they have before they start their lawsuit, subsequently giving them a weaker case.

In light of new findings regarding the “date of injury” for hip replacement cases though, many of the old fears pertaining to deadlines dictated by statutes of limitation have been debunked. The date of injury is the starting period when the deadline dictated by the particular statute of limitation is set.

New interpretations of the date of injury now point out to the fact that a failed hip replacement is constantly giving pain to its wearer, and is known as a continuing tort. Because it is declared as so, the date of injury is reset every day for the recipient, so the extension is infinite as long as it is there residing in the body. But what if they have already removed it? Well, the fact that they had it removed means that they are now aware of the harmful effects of the product, and the date of injury can start from there. 

Papers Needed in Your Hip Replacement Case

It is usual for people to assume attorneys do all the work for a case, from strategic presentation of evidence to getting a verdict in your favor. This is true most of the time. The best ones are the ones that do not make you feel that you are too stressed or concerned while the case is ongoing. That is how you know that they are in charge. But the fact is - before your lawyer handles all that there is, before the strategical case itself - you must do something for the lawyer. And that is providing the necessary information and documents pertaining to the case you are starting.

The day of the hip implant procedure should be ingrained in your mind because of how important it meant to you. if you were to be asked, you could readily answer. Documentation should coincide with the dates you give. When several procedures are involved, all of the dates should be accounted for.

To add another dimension to your case, you need to give the location where your procedure was done. If your regular doctor works there, then you will not easily forget the name of the medical facility. The place where you got your implant installed could give clues as to who were present in your operation. These people could be used as witnesses for your case.

The surgeons and doctors who were present in the operating room with you can give testimony as to the general flow of your procedure. They can say whether there were complications or if it all went smoothly. The manufacturers, like DePuy Orthopaedics, often lay blame on the surgeons who operated for the faults found with their implants. If these would stand with you in court your case would be better off. It would be a good idea to get in touch with them when you’ve decided to continue with a lawsuit.

You will want to get your medical records as proof too. This can be accomplished by filling up a form for Release of Information, stating what documents are needed and where it will be used. These documents hold a wealth of information pertaining to your case. They even contain all the listed information above.

Rottenstein Law Group’s hip replacement attorneys can give you a list of needed information and documents ahead of time so you don’t hassle yourself with several trips to your doctor if you could do it once.

Know What a Multidistrict Litigation Is

A Multidistrict Litigation (MDL) is a solution to the problem of having a lot of similar pending cases divided in different jurisdictions. The Judicial Panel of Multidistrict Litigation selects cases which are similar and prevalent in the country and approves if the case is large enough in magnitude to qualify as a candidate for Multidistrict Litigation. The compounded case is then presided over by a “transferee judge” usually in another district. This judge then is in charge of approving the candidate cases which may or may not belong to the MDL. After this, the case can now be litigated as one in court.

The origin of Multidistrict Litigation is fairly new. In 1986, the bill was passed to enable an umbrella case to cover several others. This was an answer to a mounting number of pending cases that were more or less the same (a single corporation as a defendant accused of similar offense by several different individuals) but had been scattered in different jurisdictions. These cases would then be reviewed and if they are indeed the same they are then assimilated into the Multidistrict litigation. The new MDL would hasten the processing of the various cases.

Presently, Multidistrict Litigation is commonly used to aid product liability suits and other such cases that tend to cover a wide number of individuals. The main advantage of an MDL is that the pace is quickened by the fact that the filing process is done all at once. The attorneys also get to acquaint themselves with others and get to know what the new improvements in similar cases are.

Both class action suits and single plaintiff aces are eligible for assimilation into an MDL. The transferee judge only has to certify that you have the right to ask something from the defendant and then you’re good to go.

MDL’s can be a faster option for your pending hip replacement case than going through the process of reopening it. Get in touch with your hip replacement lawyer and ask about the pros and cons of an MDL.

Hip Replacement Recalls in the Past

The recent rise in hip replacements that had to be recalled from the market is the cause which has prompted the Rottenstein Law Group to provide custom fitted legal representation to the affected individuals. The need for a hip replacement lawyer has never been greater, with thousands of victims in all the states around the country seeking justice for what has befallen them. If your hip implant was involved in a recent product recall, these attorneys can get you your much needed compensation for the defective implants you have availed from these companies.

The defects in the Zimmer Durom Artificial Hip have caused distress to over 10,000 people in America alone. The main product flaw was that it would come loose over time, causing pain and prompting surgical reworking of the implant. The Trident PSL and Hemispherical Acetabular Cups made by Stryker Co. is said to cause bone fractures and severe pain to the wearer. After being prompted by the FDA for not correctly addressing consumer grievances, they recalled their product from the market in 2008. 

In August of 2010, the DePuy Orthopaedics division of Johnson & Johnson has issued a recall for two of their ASR hip replacement products. The affected demographic is in the range of 93,000 recipients. If you or someone you know is one of the 93,000 then it is advised that you get in touch with your doctor immediately to assess whether the implant is properly working.

Previous Hip Replacement Recalls

The Rottenstein group offers legal representation to any and all who have had to endure the hardships caused by failed hip prosthetics. As more and more of these products get removed from the market due to flaws, the rise of those negatively affected by these recalls has paved the way for legal representation adapted specifically to handle medically-related personal injuries. This is why RLG stands for you, as a victim. If your hip replacement product has been involved in a recall in recent times, you stand to receive reparations for the damages these products have caused.

As of the present, a lot of hip replacement products have been recalled from the market due to flaws. The Zimmer Durom Artificial Hip had the unfortunate tendency to be loosened from its hold on the bone, causing pain to the wielder. As many as 12,000 Americans were affected at the time of the recall. The Trident PSL and Hemispherical Acetabular Cups created by the Stryker Company were recalled when they were found to cause fracturing of the supporting bone. After ignoring much of the reports by consumers of severe pain in the affected area, the FDA intervened, leading to their 2008 product recall. 

The DePuy Orthopaedics’ ASR XL Acetabular Sytem and ASR Hip Resurfacing System were pulled out from the market recently because of a design flaw that allowed for metal on metal contact between the moving components. Dangerous metal ions are released in the body unless the implant is removed with revision surgery. Those affected or are in possession of an ASR hip implant should check with their physician as soon as possible.

Negligently manufacturing of delicate medical products designed to improve the quality of life has instead lead many to more pain and trauma than before. Your doctors are aware of which prosthetic hips have been recalled in recent times. Consult them and know if you are entitled to payments from the makers of the product.