According to recent news reports, Johnson & Johnson is hiring an outside firm to handle the recall of its DePuy ASR metal-on-metal hip implant.
This is an unusual move, as companies typically handle these matters with their in-house counsel and rely on the patient’s doctor to determine if a replacement is necessary. However, this decision means that the doctors chosen by the company Johnson & Johnson hired will determine if a replacement is necessary. That company is Broadspire Services Inc. While a doctor provided by the firm can’t override a personal physician, it does mean that funds can be withheld from paying for a revision surgery if the firm’s doctor does not believe a replacement is required.
Patients and lawyers are claiming that this move will limit Johnson & Johnson’s financial responsibility as well as patients’ access to replacement hips. DePuy officials maintain that the outside hire is simply to ensure that funds are distributed to those who require replacements directly related to the recall, and not for another reason such as a fall.
As a DePuy hip recall lawyer, I find this choice atypical. I believe this company needs to be held responsible for their actions and would like to provide legal services to anyone who has experienced pain and suffering as a result of this hip replacement. It is my hope that everyone who has been affected by this recall has access to medical treatment and revision surgery. If you have received a hip replacement, regardless of whether or not you’ve experienced pain, I urge you to contact a hip replacement recall lawyer. Statistics have shown that a majority of the DePuy hip replacements will fail, and the law limits the amount of time in which a claim can be filed. Action is necessary now to protect your rights in the future.
The lawsuits against ASR hip replacement manufacturers Johnson & Johnson and DePuy Orthopaedics are continually being filed, according to recent news sources.
Over 350 cases were filed in a Ohio Federal court in August alone. All of the cases about the metal-on-metal implants are tied to one case undergoing pre-trial proceedings in North Ohio. In order to eliminate delays and to promote judicial efficiency, Judge David Katz allowed the patients to consolidate their cases in a multi-district litigation. Texas has also adopted a similar policy toward case consolidation in order to avoid district transfers.
Since the direct filing option was made available in January, more than 1,700 cases have been filed, with 700 in the last two months alone. If you or someone you care about received a DePuy hip replacement, it is strongly recommended that you contact a DePuy ASR recall lawyer. You can contact a DePuy hip recall lawyer at our law firm to talk about protecting your rights. Even if you have not yet experienced symptoms of failure, it’s important to talk to an attorney about your hip replacement as statistics show that the majority of these hip replacements will fail. Remember, the law limits the amount of time you have to file a claim, so act immediately.
Thousands of the ASR hip replacement systems manufactured by Johnson & Johnson and DePuy Orthopaedics have failed, both before and after the recall that was announced in August of 2010. These patients, who experienced pain and disability as a result of the faulty hips, now require painful and obtrusive revisional surgery, years before expected. These victims are holding the manufacturers accountable and have filed claims against Johnson & Johnson and DePuy, seeking damages for the suffering they have endured.
Many of the devices remain implanted in other patients, who have not yet experienced a failure or significant injury as a result of the ASR hip implant. However, the British Orthopaedic Association has issued statistics that show up to 50% of ASR hips fail within six years of implantation. This is an extremely short period, when one considers that other comparative devices last around 15 to 20 years, and sometimes longer.
Those who received an ASR hip but have not experienced failure or complications may be under the impression that they needn’t yet contact a lawyer regarding their implant. However, those patients need to know that many states limit the amount of time in which a person can claim damages. In some states, the time period expires even before the ASR defective hip is replaced. Statistics have shown that a substantial amount of these devices will fail, though many may not have yet. With that in mind, the attorneys at Panish Shea and Boyle urge anyone who has received an ASR hip replacement to speak with a DePuy Hip Recall Lawyer about your case immediately.
The hip replacement recall lawyers at Panish Shea and Boyle are experienced in this matter and are passionate about holding the manufacturers of this product accountable for a product they knew was hazardous for months before making a recall. Contact us right away to include your claim for damages, even if your hip has not yet been replaced. Prompt action is necessary to protect your rights, as the opportunity to do so may pass in the future. As statistics show, more than half of the ASR hips will fail, afflicting patients with unnecessary pain and suffering. Contact a DePuy ASR recall lawyer to help you protect your rights for now and for the future.
