February 5, 2012

New Updates for DePuy Hip Implant Victims

The DePuy ASR Litigation Status Conference

On January 23, 2012, the DePuy ASR Litigation Status Conference in West Palm Beach, Florida was held before Judge David Katz. Judge Katz is the United States Federal District Judge assigned by the Multi District Litigation panel of judges to hear all pretrial matters in any DePuy ASR cases filed in federal court.

Judge Katz met with the Executive Committee of the Plaintiffs’ Steering Committee for about an hour privately before he met with all attorneys in open court. The Plaintiffs’ Steering Committee are the dozen or so lawyers Judge Katz assigned as leaders of all plaintiffs’ lawyers who have filed cases in the ASR litigation. The Plaintiffs’ Steering Committee is responsible for gathering evidence (Johnson and Johnson and others have turned over approximately 18,000,000 documents so far), taking depositions of fact and expert witnesses, legal analysis, submitting briefs to the court, and a variety of other tasks.


January 26, 2012

Johnson Takes $3 Billion Hit on Hip Recall

Johnson & Johnson took quarterly charges of more than $3 billion, largely related to the recall of artificial hips, and gave a 2012 earnings forecast below analysts’ estimates on Tuesday.

The company’s DePuy Orthopedics unit issued an extensive recall of its “metal-on-metal” hip replacement devices in 2010 after they shed metal fragments, causing disabling injuries.

The fourth-quarter charges will allow money to be set aside for patients and lawyers involved in product liability litigation.

“The hip recalls worry me because their eventual costs are unknown,” said Jeff Jonas, an analyst at Gabelli & Company, who noted that the fourth-quarter charges included $800 million for medical costs of the recall.

The company forecast 2012 earnings of $5.05 to $5.15 a share, compared with the consensus Wall Street view of $5.21.

William Price, a company spokesman, said most analysts had not factored in damage from the stronger dollar.

Johnson & Johnson reported better-than-expected fourth-quarter earnings, helped by favorable taxes and sales of new prescription drugs. The company earned $218 million, or 8 cents a share, in the quarter. That compares with $1.9 billion, or 70 cents a share, a year earlier, when it also took charges for recalls of hip replacement devices.

Excluding special charges, Johnson & Johnson earned $1.13 a share. Analysts had expected $1.09, Thomson Reuters said.

Johnson & Johnson, which is based in New Brunswick, N.J., said global sales rose 3.9 percent in the quarter, to $16.26 billion, slightly below analysts’ target.

News source : www.nytimes.com

Depuy Hip recall attorney | asr hip lawsuit | depuy pinnacle hip replacement dangers | hip recall lawsuit help

September 18, 2011

Hip Replacement Implant Complaints on the Rise

Hip Replacement Implant Complaints on the Rise
By Holly Soehnge

Hip replacement is a common orthopedic surgical procedure performed to relieve pain and restore mobility to a damaged hip joint, typically for patients with arthritis or a hip injury. Diseased or damaged portions of the hip ball and socket joint are replaced by prostheses made of metal, ceramic, plastic, or combinations of these materials. Metal-on-metal (MoM) hip replacement implants use ball and socket components that are both made of cobalt or chromium metal, or titanium. The ball fits into and glides against the surface of the socket to imitate the function of the hip joint.

Hip replacement surgery is mostly successful, and hip implants are made to last 15 or more years before replacement is required. There are risks of several complications that can occur, however; as with any type of surgery. Complications that can occur include infection, dislocation of the ball implant from the socket, and implant loosening or other wear and tear over time requiring another hip replacement surgery.

In contrast to the pain relief and durability characteristic of hip replacement treatments, recently there has been a remarkable surge in complaints of early failures of metal-on-metal hip replacements within a few years of surgery. Some patients have experienced severe ongoing pain, swelling, and difficulty walking. Others have suffered damage or death to the soft tissue surrounding the hip joint. Many of these implant failures require the patient to undergo painful and expensive revision surgery.

Metal-on-metal hip implants wear over time, resulting in deposits of metal debris in the tissues surrounding the hip joint. A chiseling effect known as edge-loading can occur when the ball of the implant presses on the socket edge as a result of poor implant design or faulty surgical technique. Large amounts of metal debris are deposited in the tissues as a result, which can lead to high levels of cobalt and chromium ions in the patient’s bloodstream, possibly leading to metal poisoning. Studies to date have not shown a greater risk of cancer or other adverse effects from the metal ions, although additional data from ongoing studies is needed before the long-term effects are known.

Current research estimates that 1 to 3 percent of patients could experience an inflammatory reaction to the metal debris, causing chronic pain, damage and death to hip tissues, and bone loss. Women appear to be affected more frequently than men. A recent Harvard Medical School study looked at the effects of edge-loading from metal hip implants. The research showed an association between resulting high cobalt and chromium blood levels and patient susceptibility to soft tissue pseudotumors. Pseudotumors are a rare complication, but nevertheless a very serious problem, causing tissue destruction and the need for revision surgery. Metal debris complications are a significant safety concern and the focus of ongoing studies.

Concerned for their patients’ safety, most orthopedic surgeons have stopped using metal-on-metal hip implants. Metal-on-metal hip implants were used in about one third of the 250,000 hip replacements performed in the United States until the past two years, when use of the implants has dropped to only about 5 percent of the market.

The Food and Drug Administration (FDA) has received over 5,000 reports of adverse events in connection with metal-on-metal hip implants since January 2011, according to a study by the New York Times. In response to the complaints, the FDA is encouraging patients who have received metal-on-metal hip replacements to contact their surgeons immediately if they experience problems, and to participate in safety surveillance studies.

The FDA has required 21 manufacturers of metal-on-metal hip implants to submit plans to conduct post-marketing surveillance studies to address safety issues related to the implants. Among these manufacturers are DePuy, a division of Johnson & Johnson, Zimmer Holdings, Wright Medical, and Biomet. The FDA has until November 2011 to decide whether the proposed plans are adequate to address safety concerns.

Of the metal-on-metal complaints received by the FDA this year, about 75 percent relate to complications with the DePuy ASR hip replacement systems. Depuy has attributed the failure of the devices to implant loosening, infection, bone fracture, dislocation, metal debris reactions, and accompanying pain. Some orthopedic surgery experts have said they believe these devices have a design flaw that makes them difficult to implant properly. DePuy refuted these statements, but announced last year that it was discontinuing the ASR systems because of declining demand.

In August 2010, Depuy voluntarily recalled its two ASR systems as a result of new data from the National Joint Registry of England and Wales showing that roughly 1 in 8 ASR patients would experience implant failure within 5 years, an unacceptably high failure rate. There have been over 90,000 DePuy metal hip implants sold; so that according to the data, over 11,000 patients are likely to experience implant failures that require painful and expensive revision surgery.

The two DePuy systems under recall are the ASR XL Acetabular System, a metal cup and ball replacing the hip joint, and the ASR Hip Resurfacing System, a metal cap that fastens onto the head of the femur. Only the ASR XL Acetabular System is FDA-approved for use in the US. Depuy has encouraged surgeons having implanted these devices to request patient evaluations and metal sensitivity testing, since not all patients with metal debris-related tissue damage would necessarily show symptoms. Depuy has stated that it will cover the costs of patient monitoring and treatment, including revision surgery costs.

DePuy is facing criticism from orthopedic experts that it should have recalled the devices much sooner considering the large number of complaints. The first of many lawsuits filed against DePuy claims the devices are defective and alleges that DePuy knew about problems with the implants early on, but did nothing to alert patients or surgeons.

Metal hip implants made by Zimmer Holdings branded “Durom” are also coming under increased scrutiny for potentially causing high blood levels of chromium and cobalt and soft tissue damage from metal debris. Studies at the University of British Columbia found that patients implanted with a Durom socket implant had 2.6 times or 10 times higher than normal blood levels of chromium and cobalt, respectively. The researchers recommended that Durom implants no longer be used in standard implants because of the metal ion levels.

The rise in the incidence of severe medical complications from metal-on-metal hip implants is a rapidly growing concern for patients and orthopedic surgeons. It is difficult to know the full extent of the problem; the use of the latest metal-on-metal devices is still relatively new, and it is estimated that only one to ten percent of all complications from medical devices are actually reported to the FDA. More information is needed from ongoing studies to determine to what extent metal debris represents a threat to patient health, and whether implants made by some manufacturers are more or less safe than others.

June 28, 2011

What Does the U.S. Food and Drug Administration’s Letter to Hip Makers Mean?

The U.S. FDA ordered 21 manufacturers to collect information from patients.

The U.S. FDA ordered 21 manufacturers to collect information from patients in a recent letter to hip manufacturers. Click here for report. The three-page letter demands blood tests and other studies within thirty days. Here is a summary of the information and questions the FDA is requiring from manufacturers:

  • The harmful events observed in patients with Metal-on-Metal (MoM) total hip replacement (THR) systems.
  • The levels of serum and chromium in patients prior to THR.
  • The patient population's average levels of chromium and serum in the blood for a minimum of eight years after the implant (patient population is the demographics and other particulars of a particular population).
  • Do the average levels of chromium and serum in the blood increase during the first eight years (or the length of time on the market)?
  • Reasons for revision (alteration of a medical device) and patient population's average levels of chromium and serum in the blood at the time of the revision.
  • The number of patients with pain and biological and psychological symptoms associated with the THR.
  • The quantity of harmful reaction of body tissues in patients who did not have a revision.
  • How differences in revisions vary over time after the initial implant?
  • What demographics have higher metal ion concentrations in their blood?
  • What demographics have higher risks of needing revisions?
  • What causes the THRs to fail?

Will New FDA Orders Lead to a Recall of All Metal-on-Metal Hip Implants?

U.S. Food and Drug Administration orders 21 hip makers to blood test their patients for metal.

The U.S. Food and Drug Administration, the governmental organization that protects public health, entered the battlefield with the Johnson & Johnson's DePuy recall and ordered 21 manufacturers to collect information from patients - including blood tests for metallic ions. This broad use of the agency's authority will clarify failure rates of metal-on-metal implants and drop the hammer on Johnson & Johnson.

"This is a disaster for J&J," said James Moriarty, senior partner at Moriarty Leyendecker. "It will be a public health nightmare and show how metal-on-metal hip implants can cause metallosis." (the swelling around metal implants as a result of corrosion or an allergic reaction).

What could this mean for Johnson & Johnson and the healthcare industry?

- New data could magnify the defects of the recalled DePuy ASR.

- Will create an apples-to-apples study for the DePuy ASR to be compared to other devices.

- Will cause pandemonium in hospitals as all metal-on-metal hip patients rush to test for metal in their blood.

- Send lawyers, lawsuits and patients swarming after irresponsible hip manufacturers.

- Cause the recall of the DePuy's Pinnacle Acetabular device, another device that is repeatedly failing with hip patients.

In 2010 doctors implanted a nurse with the DePuy ASR Pinnacle device. After the procedure, the patient complained, "The pain in groin is worst when I lift left leg 45, 60 and 90 degree, it feels like a click/catch and the pain is worst at those points. I am a registered nurse and have taken care of pts [patients] with hip replacements, this is not normal recovery. Something is wrong with this device." These complaints are typical of patients suffering from metallosis after hip implant surgery.

The risk of metal-on-metal devices is that metal may enter a patient's bloodstreams after the procedure as tiny particles wear off the device and enter the space around the implant. The FDA stated its concerns in a February 2011 report, "Concerns about Metal-on-Metal Hip Implant Systems" The report spotlights the uncertainty of the device's failure rates - hence the need for more studies.

New information must be submitted to the FDA within 30 days and could lead to a recall of all metal-on-metal hip replacement devices. It's the first battle in the war on metal-on-metal hip makers that could destroy Johnson & Johnson and DePuy.

May 19, 2011

The U.S. Food and Drug Administration’s Letter to Hip Makers Mean

What Does the U.S. Food and Drug Administration’s Letter to Hip Makers Mean?

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The U.S. FDA ordered 21 manufacturers to collect information from patients.

The U.S. FDA ordered 21 manufacturers to collect information from patients in a recent letter to hip manufacturers. Click here for report. The three-page letter demands blood tests and other studies within thirty days. Here is a summary of the information and questions the FDA is requiring from manufacturers:

  • The harmful events observed in patients with Metal-on-Metal (MoM) total hip replacement (THR) systems.
  • The levels of serum and chromium in patients prior to THR.
  • The patient population's average levels of chromium and serum in the blood for a minimum of eight years after the implant (patient population is the demographics and other particulars of a particular population).
  • Do the average levels of chromium and serum in the blood increase during the first eight years (or the length of time on the market)?
  • Reasons for revision (alteration of a medical device) and patient population's average levels of chromium and serum in the blood at the time of the revision.
  • The number of patients with pain and biological and psychological symptoms associated with the THR.
  • The quantity of harmful reaction of body tissues in patients who did not have a revision.
  • How differences in revisions vary over time after the initial implant?
  • What demographics have higher metal ion concentrations in their blood?
  • What demographics have higher risks of needing revisions?
  • What causes the THRs to fail?

April 15, 2011

TV Ads Promote Consumer Requests For Expensive, Often Inappropriate Hip Devices

Gary Schwitzer writes on his blog “Health News Review” that he was “jolted” by a television commercial he saw recently for an artificial hip joint sold by medical device-maker Smith & Nephew.

The ad features athletic, fit, male body forms engaged in all sorts of strenuous pursuits; playing soccer, surfing, rock climbing up a craggy peak (!). The figures are rendered as stylized silhouettes but if I had to guess, I’d say they were designed with highly active men, age 40 to 50, in mind. Triatheletes and Ironmen wouldn’t be a stretch. Read more about this post>>