08/07/2012 DePuy Class Action Lawsuit: The DePuy Class Action Lawsuit may potentially involve plaintiffs who were implanted with defective Metal-on-Metal hip systems. Many DePuy Class Action Lawsuit plaintiffs have experienced revision surgery soon after the original implant. A DePuy Hip Lawyer involved in the DePuy Hip Lawsuit and potential DePuy Class Action Lawsuit can be reached through Best Legal Source.
Classification of a DePuy Class Action Lawsuit
Many are undecided as to whether they should pursue a DePuy Lawsuit or a DePuy Class Action Lawsuit. The ultimate decision can be made based upon advice from your DePuy Hip Lawyer and the details of your situation. Typical benefist of a DePuy Class Action Lawsuit include the financial and time aspects of a DePuy Class Action Lawsuit case. The court will decide if a DePuy Hip Lawsuit will be culminated into either a DePuy Hip Lawsuit Multi District Litigation (MDL) or a DePuy Class Action Lawsuit. The differences are mostly necessary knowledge for your legal representative. Throughout our article, we tend to refer to any kind of joint DePuy Lawsuit as a DePuy Class Action Lawsuit.
DePuy Class Action Lawsuit Common Procedures
When attempting to file a DePuy Class Action Lawsuit, the lawyer you choose to represent your case is crucial. It is important to contact a lawyer who has experience in prior DePuy Hip Lawsuit cases. Best Legal Source investigates available DePuy Hip Lawyer groups to find the best one for your DePuy Hip Lawsuit. A DePuy Class Action Lawsuit may be an option for you, but only a DePuy Hip Lawyer can decide if you qualify. Best Legal Source’s services are free and trusted by many injured parties across the nation. It is in your best interest to utilize the assistance of a company with legal knowledge as you search for a DePuy Class Action Lawsuit attorney.
Expense for a DePuy Class Action Lawsuit
The DePuy Class Action Lawsuit may present the best available option for you financially. Joining together with other plaintiffs filing similar claims makes the potential DePuy Class Action Lawsuit more efficient and cost-effective for many people. The Best Legal Source guarantee is that you will have a fair price to pay percentage-wise after the DePuy Hip Lawyer wins your case. If you don’t win, you don’t pay. In either case, the cost is deducted from the winnings and is not taken from your personal pocket. This is a unique aspect of the DePuy Class Action Lawsuit– that will be no upfront cost for you. Contact Best Legal Source through the form above or by calling us directly.
DePuy Class Action Lawsuit Discussions After Recall
The recall of certain DePuy hip system models led DePuy Hip Lawyer groups to research the potential of a DePuy Class Action Lawsuit for those injured. The Johnson & Johnson hip system was recalled after many adverse events were reported to the U.S. Food and Drug Administration. Reports following the recall showed that many of the patients would require further revisions and a probable second replacement surgery. Those injured by a DePuy Hip replacement should consult with a DePuy Hip Lawyer to discover legal options available to them. A DePuy Class Action Lawsuit may result in compensation for hospital bills, rehabilitation and emotional damage.
Awarded Compensation from DePuy Class Action Lawsuit
The DePuy Class Action Lawsuit is pursued to help cover ongoing treatment costs and surgeries related to hip implant defects. Compensation may include payment for past, present and future medical therapies, lost wages, pain and suffering. If you have experienced continued pain, inflammation, difficulty walking or other DePuy ASR Hip Replacement side effects, you may be entitled to monetary compensation. Before you accept DePuy’s settlement offer, contact a lawyer experienced in the DePuy Hip Lawsuit. A DePuy Hip Lawyer will protect your legal rights and determine if you qualify for a DePuy Class Action Lawsuit.
Summary of DePuy Class Action Lawsuit History
DePuy Orthopedics issued a voluntary recall two of its popular hip systems. This DePuy Recall means further testing and monitoring may be necessary. These systems first became available in July 2003. The DePuy hip replacement devices have been called into question because of their Metal-on-Metal construction that can cause fragments of metal to enter patients’ bodies with adverse effects, such as metallosis, releasing potentially dangerous levels of chromium and cobalt ions into the body. For more DePuy Hip Lawsuit background information, you can visit the U.S. Food and Drug Administration’s site for safety communications related to DePuy hip replacement models. You can also view the DePuy Hip Lawsuit excerpt below.
Contact Best Legal Source soon for the best chance at finding and joining the potential DePuy Class Action Lawsuit. Our experience and knowledge make us the trusted resource for connecting injured patients with the DePuy Class Action Lawsuit. Please take action now by calling (800) 611-7080!
Selected DePuy Hip Lawsuit Excerpt from VonRechow
Below is a DePuy Hip Lawsuit from Clark County, Nevada. Headings and comments pertaining to the DePuy Hip Lawsuit have been added through the excerpt. These sections were not written by a lawyer and should not be taken as legal advice or opinion.
Clark County DePuy Hip Lawsuit
2012 WL 2839885 (D.Nev.) (Trial Pleading)
United States District Court, D. Nevada.
Hannelore VON REICHOW, an individual, Plaintiff,
DEPUY ORTHOPAEDICS, INC., a foreign corporation; Depuy International Limited, a foreign corporation; Johnson & Ohnson, a foreign corporation; Johnson & Johnson Services, Inc., a foreign is corporation; Johnson & Johnson International, a foreign corporation; Precision Instruments, Inc., a Nevada corporation; DOES 1-10 and Roe Entities 11-20, inclusive, Defendants.
Plaintiff, HANNELORE VON REICHOW, is and was at all times relevant hereto a resident of Clark County, Nevada.
Omissions in DePuy Class Action Lawsuit Revealed
The following paragraphs of the DePuy Hip Lawsuit are only excerpts from the DePuy Lawyer of Von Reichow’s original claim. We could not supply the full portion of the DePuy Class Action Lawsuit here for time and space purposes. Omissions have been made, although no facet of the DePuy Hip Lawsuit document has been changed. Continue reading for the events prior to Von Reichow’s DePuy Hip Lawsuit filing.
Events Lead to Recall of the ASR Hip Implant and DePuy Class Action Lawsuit
From 2005 to 2009, hundreds of complaints of failure of ASR hip implants were made by orthopedic surgeons and hospitals to DePuy and the United States Food and Drug Administration.
Independent studies began to show numerous problems with the DePuy ASR hip implant including failure of the cup to achieve proper fixation due to the lack of bony ingrowth into the back of the cup, significant metal debris in patients with DePuy ASR hip implants, the formation of pseudotumors in patients with DePuy ASR hip implants, and hip fractures.
In late 2009, Defendants announced that they would be phasing out sales of the DePuy ASR hip implant worldwide by the end of 2010 due to decreasing sales.
In early 2010, Defendants sent a letter to doctors warning that data from the Australian medical device registry showed that the DePuy ASR hip implants had a higher-than-expected failure rate when used in traditional hip replacement, especially in patients of smaller statute such as women or patients with weak bones.
In an article published in the New York Times on March 10, 2010, Dr. Stephen Graves, the director of the Australian medical device registry, was quoted as saying that the data had shown for some time that the ASR had been failing early at a significantly higher rate than some competitors’ devices. Regarding the withdrawal of the ASR hip implant from the market by DePuy, Dr. Graves was quoted as saying “It is way too late.”
The March 10, 2010, New York Times article also stated that;
Several orthopedic specialists said that they believed the design of the ASR Cup, which is shallower than some similar devices, was at the heart of the implant’s problem. For example, Dr. Harlan C. Amstutz, an orthopedic surgeon in Los Angeles and an implant designer who is a consultant for Wright Medical Technology, a competing orthopedic company, said he believed the design was prone to problems. “It may not be a Toyota, but it is not good” Dr. Amstutz said.
The March 10. 2010, New York Times article also quoted the DePuy ASR’s co-developer, Dr. Thomas P. Schmalzried, an orthopedic specialist in Los Angeles, as saying that he and DePuy officials realized within the last two years that the ASR hip implant might be more of a challenge to implant properly than competing products. “The window for component position that is consistent for good, long-term clinical function is smaller for the ASR,” than for other cups, said Dr. Schmalzned,
The March 10, 2010, New York Times article also said that in early 2009, DePuy sent a brochure to doctors on the importance of proper positioning for all implants, but did not address any specific concerns about the ASR.
The DePuy ASR prosthesis was approved for sale in the United States by the U.S. Food and Drug Administration by means of an abbreviated process, based upon representations of Defendants that the device was substantially equivalent to other devices previously approved by the FDA, and as a result, the device was not required to undergo clinical trials.
On August 24, 2010, the FDA formally recalled the ASR hip implant based on excessive failure rates.
DePuy Class Action Lawsuit Explained in Von Reichow’s Case
Von Reichow filed an individual suit known as a DePuy Hip Lawsuit. If he had filed together with other plaintiffs in a joint case, it would be considered a DePuy Class Action Lawsuit. The differences are legal in nature, and we often refer to the two interchangeably although there are differences. The DePuy Hip Lawyer continues with facts of the plaintiff.
Injuries to DePuy Hip Lawsuit Plaintiff
On or about November 19, 2009, Plaintiff was implanted with a DePuy ASR hip implant on her right hip at Spring Valley Hospital by Russell Nevins, M.D. (“Dr. Nevins”).
Precision was responsible for educating Dr. Nevins regarding the DePuy ASR hip implant, answering any questions that Dr. Nevins had regarding the DePuy ASR hip implant, and convincing Dr. Nevins to purchase the DePuy ASR hip implant which was subsequently implanied into Plaintiffs body.
Following the surgery, Plaintiff experienced constant pain and extreme weakness in her right hip.
From November 19, 2009 through September 26, 2011, Plaintiff suffered personal and economic injuries as a result of the implantation with the ASR hip implant, including, but not limited to, constant and radiating pain, stiffness and limited ambulatory capabilities.
During this time, Defendants were aware of a high rate of failures of its ASR hip implants but did not provide this information to Dr. Nevins.
As a result of Defendants failing to provide this crucial information to Plaintiff’s orthopedic surgeon, Dr. Nevins had little reason to suspect that the source of Plaintiff’s ongoing pain and weakness was the result of the failure of the ASR hip implant.
Defendants did not provide this information in a timely manner and therefore the waring was too late to provide Plaintiffs surgeon the valuable information needed to ensure proper care.
The recognition that the DePuy ASR hip implant had failed was delayed by the failure of Defendants to convey to Dr. Nevins the warnings regarding the product made by independent orthopedic experts and information regarding other failures of DePuy ASR hip implants.
As a result of this significant delay in the recognition that the DePuy ASR hip implant had failed, Plaintiff needlessly suffered pain and damage to the bones of her hip.
The DePuy ASR hip implant implanted in Plaintiffs body failed to achieve proper bone ingrowth into the cup and thus failed to achieve proper fixation.
The DePuy ASR hip implant implanted in Plaintiffs body generated excessive metal debris.
Ultimately, Plaintiff had the ASR hip implant explanted on September 26, 2011, at Spring Valley Hospital by Dr. Nevins. l 60. Following the surgery to remove the defective DePuy ASR hip implant, Plaintiff began a long and painful rehabilitation process.
Details of DePuy Hip Lawyer from Clark County
As with the omitted paragraphs of DePuy Hip Lawsuit document, we have omitted the DePuy Hip Lawyer information from the DePuy Hip Lawsuit trial document. These facts are omitted for privacy. Best Legal Source was not involved in the DePuy Hip Lawsuit featured here.
Knowledge from both parties in the DePuy Hip Lawsuit
Plaintiff has suffered injuries as a result of implantation and explantation of the DePuy ASR hip implant manufactured by Defendants.
The failure of the DePuy ASR hip implanted in the body of Plaintiff was a direct result of the defective design of the DePuy ASR hip warned of by orthopedic experts in 2005, and of which Precision was aware at the time that Precision sold the DePuy ASR hip implant to Plaintiff.
The Defendants by their actions or inactions, proximately caused Plaintiff’s injuries.
Plaintiff could not have known that the injuries she suffered were a result of a defect in the ASR hip implant until after the date the device was recalled from the market and the plaintiff came to learn of the recall.
Plaintiff could not have known that she was injured by excessive levels of chromium and cobalt until after the date she had her blood drawn and she was advised of the results of said blood-work.
As a result of the injuries Plaintiff sustained, she is entitled to recover compensatory damages for pain and suffering and emotional distress and for economic loss as well as punitive damages.
Conclusion from DePuy Hip Lawyer Explained
The portion of the DePuy Hip Lawsuit excerpt following includes concluding remarks by the DePuy Hip Lawyer. You can view the final traces of the Von Reichow claim by reading on in the DePuy Hip Lawsuit document. If you would like to file a DePuy Hip Lawsuit of your own or join a DePuy Class Action Lawsuit, call Best Legal Source at (800) 611-7080.
Ending of DePuy Hip Lawsuit Excerpt from Von Reichow’s Case
As a direct and proximate cause of Precision’s conduct, Plaintiff has suffered severe physical distress and injury, emotional distress and injury; incurred medical and other expenses; suffered shame, humiliation and the inability to lead a normal life; and she has suffered loss of enjoyment of life. Some of her injuries and losses are permanent in nature and plaintiff will continue to suffer such losses in the future.
Further, Defendants, and each of them through their officers, directors, managers, and agents, had knowledge that the DePuy ASR hip implant presented a substantial and unreasonable risk of harm to the public, including Plaintiff, and as such, said consumers of the DePuy-ASR hip implant were unreasonably subjected to risk of serious injury from the use of the DePuy ASR hip implant.
Despite such knowledge, Defendants and each of them, acting through their officers, directors, managers, and agents for the purpose of enhancing Defendant’s profits, knowingly and deliberately failed to remedy the known defects in the DePuy ASR hip implant and failed to warn the public, including Plaintiff, of the extreme risk of injury occasioned by said defects inherent in the DePuy ASR hip implant.
Defendants and their officers, directors, managers, and agents intentionally proceeded with the manufacturing, sale and distribution and marketing of the DePuy ASR hip implant knowing persons would be exposed to serious dangers in order to advance Defendants’ own pecuniary interests and monetary profits.
Defendants’ conduct was despicable, and so contemptible that it would be looked down upon and despised by ordinary, decent people, and was carried on by Defendants with willful and conscious disregard for the safety of Plaintiff, entitling Plaintiff to exemplary damages.
End of DePuy Hip Lawsuit Excerpt
Last Call for DePuy Class Action Lawsuit Action
Steps toward a DePuy Class Action Lawsuit cannot be made unless those harmed by these hip systems come forward. To take a stand against the practices, omission and negligence of the DePuy hip manufacturers, call Best Legal Source today at (800) 611-7080.
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