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Class Action Lawsuit Filed Against DePuy Artificial Hip Manufacturer


Teaneck, NJ: A class action lawsuit has been filed against DePuy Orthopaedics, Inc., the manufacturer of metal-on-metal hip replacement implants, alleging the devices cause "irreparable harm from undiagnosed metal disease."DePuy should pay for patients' ongoing medical monitoring, which involves yearly orthopedic examinations, MRIs and blood and urine tests, according to the lawsuit.

An investigative report published in BMJ, formerly known as British Medical Journal, says thousands of hip implants made by DePuy Orthopaedics have leaked high levels of toxic cobalt and chromium ions. According to an attorney representing the plaintiffs, the industry has known about the harmful effects of cobalt for at least 25 years and left the American people in the dark about the downside of exposure to toxic levels of cobalt shed from these devices.

The toxic metals have destroyed patients' muscle and bone, and will potentially leave some patients with long-term disability, the study says.

"Metal-on-metal hip prostheses like the DePuy ASR XL can and do create three to five-fold increases in blood levels of the heavy metals chromium and cobalt,"the lawwsuit states. "Toxicity from these metals causes metallosis, a disease that destroys the tissues surrounding the artificial joint. Left unresolved, metallosis creates irreparable harm to the patient from the progressive destruction of the joint tissues." According to the court document, other health issues related to failure of the ASR XL hip implant includes "immediate irreparable harm from undiagnosed metal disease and the effect it has on the joint, even after revision and on other targeted organs, such as the brain, heart, liver, and kidneys."

In addition to risk of infection and blood clots in a second implant surgery, revisions will not last as long as the 20 to 30 years the original hip implants were expected to last.

The BMJ report cites longstanding "evidence of risk from metal-on-metal hips, the manufacturers' inadequate response, and how regulatory bodies failed to give doctors and patients the information they need to make informed decisions."

The US Food and Drug Administration (FDA) warned in 2011 about metal ions that shed minute particles of the metal implant that migrate into the bloodstream and damage bone or tissue surrounding the implant and joint.

BMJ quotes an internal DePuy memo from July 2005 that says, "In addition to inducing potential changes in immune function, there has been concern for some time that wear debris may be carcinogenic. … One study suggested threefold risk of lymphoma and leukemia 10 years after joint replacement."

"o-called 'Silent Metal Disease,' is found in upwards of 30% of patients with no symptoms. Cobalt and chromium poisoning can only be diagnosed promptly through a program of universal and comprehensive monitoring of the entire population of ASR XL patients,"according to the lawsuit.

BMJ says it' likely there are more than 500,000 " at risk large diameter "metal-on-metal hips implanted in American patients since 2003 which require monitoring.

The lawsuit is asking that a class be certified and that DePuy be ordered to establish a fund to pay the costs of medical monitoring over the lifetime of all ASR XL Acetabular System hip implant patients. Those costs include annual blood and urine tests and medical imaging such as ultrasound and MRI examinations.

DePuy Hip Replacement Class Action Legal Help

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Published on Mar-2-12

LEGAL ARTICLES AND INTERVIEWS

Appeals: I’ve had a Few, but then Too Few to Mention?
Appeals: I’ve had a Few, but then Too Few to Mention? New Orleans, LA: It’s little wonder that Hip Replacement Implant Failure litigation, as is apparent with a majority of cases, takes so long to resolve given the right and freedom for both plaintiff and defendant to appeal a ruling either party feels is unjust. To this end, recent bellwether lawsuits involving settlements against DePuy and Johnson & Johnson continue to languish as unresolved, and remain tied up in various appeals [READ MORE]

Johnson & Johnson Faces Another Hip Replacement Lawsuit
Johnson & Johnson Faces Another Hip Replacement Lawsuit New Brunswick, NJ: Days after a Texas jury awarded $1 billion to six patients in a hip replacement lawsuit, another lawsuit has been filed against Johnson & Johnson. The pharmaceutical company is not the only to face allegations of problems with its hip replacement devices, however. In addition to J&J subsidiary DePuy Orthopaedics, Stryker and others face lawsuits alleging their products had an early failure rate and caused a host of issues, including metallosis [READ MORE]

Seismic Shifts For DePuy MDL in 2017?
Seismic Shifts For DePuy MDL in 2017? Dallas, TX: Various events in the Hip Replacement Implant Failure file in 2016 may have a bearing on events for the year ahead. This, amidst a continued aging of the largest single segment of the US population, the Baby Boomer, together with a continued need for joint replacement in order to allow patients retained mobility for a generation inherently more active than their predecessors [READ MORE]



READER COMMENTS

Posted by
New Jersey
on
My doctor took an x-ray and told me my hip was loose. I've had three years of pain with my hip. My doctor is saying I have to have it replaced again. I have the medical records from the first replacement in 2000.

Posted by
South Carolina
on
My mom who is now 59 has had on going problems with her health since receiving her first hip replacement, then the second hip was done and now they tell us that they need to replace the first one. She has had blood poisoning where she ended up in hospital and they had no idea how she got it. Her pain is endless and no amount of pain killers seem to help. Any assistance would be appreciated.

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