DePuy Hip Recall Lawsuit Settlement Funding
Still Waiting on Your Depuy Hip Recall Settlement? TriMark Can Help.
Replacement hips are intended to last 10 to 20 years, as reported by the Associated Press. However, many manufacturers, especially those within the metal-on-metal hip implant system category have failed to deliver the long term promise of the product.
Faulty designs have been the main claim against Johnson and Johnson’s DePuy division — with most patients necessitating revision surgery within 5 to 6 years after the primary implant surgery.
If you’ve been seriously injured, are currently involved in a drawn-out legal fight, have retained a contingent-fee attorney, have strong liability against a sufficiently insured defendant and you’re in a financial bind because it’s taking forever to settle your case but you could really use some of your future settlement money now, we can help you.
TriMark Legal Funding LLC, The Settlement Funding Company, provides fast, affordable, non-recourse lawsuit cash advances from $500 to $25,000+ per hip on DePuy hip recall lawsuits, often in as little as 12-24 hours, with no credit check, no up-front fees and no hassles. Best of all, you only repay the cash advance if you win your case.
Give us a call at 1-877-932-2628 or simply complete an online application to get the ball rolling now.
Specific Eligibility Requirements For DePuy Cases:
- You must have a recalled DePuy ASR or Pinnacle hip product implanted
- You must have had at least 1 revision surgery
DePuy Hip Replacement Surgery; A Real Pain in the … Hip
DePuy is one of the many manufacturers facing thousands of lawsuits, litigations and scrutiny under the public eye for its metal-on-metal hip devices. DePuy’s ASR and Pinnacle models both have metal-on-metal components on its hip devices, which are the two products being dissected in the pending lawsuits and litigations against Johnson and Johnson’s DePuy Orthopaedics subsidiary.
Claims allege that DePuy was negligent in its responsibilities, and that the design of these medical devices are to blame for the injuries that patients incurred after being implanted with either DePuy ASR or DePuy Pinnacle. Plaintiffs are filing for damages and compensation for medical expenses, lost wages and economic losses, and pain and suffering. Defendants Johnson and Johnson and DePuy Orthopaedics are standing by their product and brand, stating that no improper conduct was done on their part.
The defendants have racked up billions in settlements and plaintiff rewards. As one of the largest settlements in the medical devices industry, Johnson and Johnson had settlements of up to $2.5 billion for the DePuy ASR products in a multidistrict litigation.
DePuy is also no stranger to FDA issues — having gone through the 510(k) approval system for its products to the 522 postmarket surveillance studies order as issued by the FDA, to numerous recalls and even discontinuation of the Pinnacle model to being denied of approval in one of the products by the company.
The Litigation: Cause and Effect
Patients who have received DePuy hip implant systems have started to file lawsuits after experiencing some post-surgery complications such as pain, swelling, nerve, muscle and bone damage, or blood poisoning. The number has reached its thousands and more are expected to arrive. These patients claim that the way the product that was designed is defective, that the manufacturer was negligent in the testing and marketing of the devices and that the manufacturer did not properly inform the public regarding safety risks.
Claims in the lawsuits include allegations of DePuy’s negligence, fraud, failure to warn, gross negligence and malice, and willfully concealing the problems with regard to the implant to the general public. Plaintiffs filed these lawsuits for proper compensation from the manufacturer for medical expenses, lost wages and economic losses, and held both Johnson and Johnson and DePuy accountable for these damages.
Johnson and Johnson has reportedly paid billions in settlements for lawsuits and litigation alike for claims against their ASR and Pinnacle devices. Internal documents from Johnson and Johnson imply that the company knew of the problems associated with the device in as early as 2008.
Background on DePuy Orthopaedics
Revra DePuy found DePuy Orthopaedics in 1895 when he started designing a fiber splint. The Johnson and Johnson brand acquired the company in 1998. DePuy became the top manufacturer of hip implants in 2010.
The first orthopaedic company in the United States was DePuy Orthopaedics. There have been more than a million hip replacement surgeries in which DePuy hip implants were used worldwide. Leading in the hip replacement in the industry for more than 40 years, DePuy is one of the most trusted manufacturers in the field of orthopaedics as it is a subsidiary of Johnson and Johnson.
One of the first device manufacturers to use metal-on-metal hip implant designs, DePuy launched the Pinnacle Hip Replacement System in 2000. Following three years later, the ASR Hip Resurfacing System was sold across the globe in 2003, and in 2005, the ASR XL Acetabular System was introduced as well. The ASR products have been used in about 37,000 U.S. patients, while the Pinnacle systems were used in 40,000 patients, also in the United States.
Three of the company’s 200 products had expenses amounting to billions of dollars due to lawsuit settlements and other legal matters facing the Pinnacle Hip Replacement System, the ASR XL Acetabular System total hip replacement, and the ASR Hip Resurfacing system. These three systems were intended for the use of younger patients going through hip replacement surgeries. It is deemed to have much more flexibility and motion range than other hip implant devices in the market.
DePuy was one of the companies that stood out when the Archives of Internal Medicine published reports from researchers that studied data from a Department of Justice settlement with massive joint replacement manufacturers, particularly: Biomet, DePuy, Smith & Nephew, Stryker, and Zimmer.
In these reports, the DePuy disclosures from 2009 and 2010 showed that the number of payments to surgeons increased within those years. Not only that, but the percentage given to surgeons with academic affiliations, too, have increased. These payments to surgeons were not only to endorse the manufacturer’s product, but also use these devices in the surgeries they performed.
DePuy has also been included in the top of the payout list of Drug and Medical Device Companies that have offered financial benefits (i.e. research grants, trips, etc.) to doctors and hospitals in 2013, along with Genentech Inc., and Pfizer Inc. Data included names of the companies and the recipients of their financial benefits, as well as the type of benefit (i.e. cash, in-kind gifts and services, stock options). Some doctors were also found to have part ownership of the companies through the same data that was released. The information was launched on Open Payments, a new program created under the new health care law to reduce ethical conflict in medicine.
DePuy Metal-on-Metal Hip Replacement Systems
Serious complications such as loosening of the implant within the patient’s body, bone fractures near the implant area, dislocation of the implant, and metal poisoning have been reported to result after several patients with DePuy hip implants experienced them. As these issues are not easily resolved, these patients had to go through another surgery – coined as revision surgery – to correct the complications.
While the devices were made to eradicate the problem of device failure due to overuse, they were not successful as seen through the many reported complications and lawsuits filed by patients. In general, metal-on-metal hip implants were thought to help in decreasing failure rates. However, studies have shown that the way the devices were designed is creating even more grave problems for patients.
Metal-on-metal hip system manufacturers still have not mastered the design aspect of these metal-on-metal devices. Unfortunately, this led to increased failure rates, metal poisoning, infection, dislocation and immobility in patients with the implants.
Probability of Complications
Patients that have gone through joint replacements have higher occurrences of DNA damage to blood lymphocytes as compared to normal incidence rates. This is attributed to cobalt and chromium concentrations found in the blood stream after hip replacement surgeries. These two concentrations have the ability to cause irreversible DNA changes to cells on other sides of the barriers. This also then questions the protective abilities of the placenta and the blood-brain barrier.
There have been no actual evidence; however, some people have started to talk about the device posing increased risks for cancer. Research has raised points on associations between high levels of exposure to metal ions and increased incidences of specific kinds of cancer.
In a 2006 study, higher rates of melanomas and prostate cancer were found in patients after hip replacement as compared to the broader population. Increased risks of renal tract cancers in certain patients were also found in the study. Renal tract cancers affect the bladder, ureter, and kidney – which pose the possibility of metal excretion through urination.
As stated by the Journal of Bone and Joint Surgery, corrosion occurs when metals are in connection with biological systems. This is called an electrochemical process, which contributes to metal ion formation that can activate the body’s immune system.
FDA Warnings | FDA Recalls and Reports
A New York Times article was published late 2011. It stated that all-metal hip implants were a total of one third in approximately 250,000 hip replacement surgeries done every year in the United States regardless of the abrupt decline just recently. It was also stated in article that all-metal hips were no durable than versions without metal defects.
The FDA issued orders to metal-on-metal hip implant device manufacturers on May 2011 to conduct post-market studies on their respective products under the 522 postmarket surveillance studies regulation of the FDA. DePuy was no exception in the list of manufacturers to be included in the order.
In January 2013, the FDA released a proposal requiring metal hip manufacturers to submit new products for premarket approval and conduct postmarket surveillance studies for products that were already out on the market to be able to qualify for future sales of the products. It was because of this proposal that DePuy Orthopaedics decided to recall sales of metal-on-metal hip implants in part.
One study reported that metal-on-metal hip replacement currently accounts for over one third of hip replacements in the United States and 14% of hip replacements that were documented on the National Joint registry of England and Wales.
The National Joint Registry has also showed data that presents a significant higher rate of failure with stemmed metal-on-metal hips; while having a rate of failure at above average levels with metal-on-metal hip resurfacing.
DePuy hip implant devices have also gone through the FDA’s 510(k) approval process in which products that are similar to already approved products in the market need not be tested. The DePuy hip implants need to be “substantially equivalent” to a design or product in general to be approved by the 510(k) approval system.
The British Orthopaedic Association and the British Hip Society, in March 2011, based on the reports of four surgeons said that this preliminary data put the actual failure rate of hip replacement devices at a rate higher than the initial estimation of 12 to 13 percent.
The British Medical Journal has also reported findings regarding metal-on-metal hip replacement devices. A study published in November 2011 stated that metal-on-metal hip replacement devices are not any more durable or effective than traditional hip devices. Metal-on-metal implants threaten to raise revision surgery rates.
The FDA rejected the approval of the artificial hip product to be sold in the United States based on safety studies in 2009. However, Johnson and Johnson continued to market its artificial hip in other countries. They also continued to sell similar models of the ASR systems in the U.S. after the FDA rejected the other model, as reported by the New York Times. The two artificial hip systems in question had all-metal hip socket cups — a faulty design as deemed by experts.
Apply For Pre Settlement Funding Now
TriMark Legal Funding LLC has streamlined the pre settlement funding process so that it is quick, easy and hassle-free. That means we can put the money you need into your hands faster and cheaper than the other guys.
It will only take about a minute or two to submit an application and get the ball rolling. It’s fast, easy, free to apply, there is no obligation and pre settlement loans are always 100% risk-free for plaintiffs.
You can complete an application online or just call us toll-free at 1-877-932-2628 and one of our litigation funding specialists will take your information right over the phone.
So why wait?