First Three Depuy Cases Settled For Over $600,000 By Johnson & Johnson

Three lawsuits coming out of Nevada regarding the DePuy metal-on-metal ASR hip implant have just settled for over $600,000

. These cases involve three women, all over the age of sixty, whose hip implants failed, requiring expensive and painful revision surgery. One of these women experienced extensive bone loss due to the implant although Johnson & Johnson basically contends in court documents that since none of the women experienced life-threatening illnesses due to the implant there was basically no harm, no foul. Despite that assertion, they settled the three cases for approximately $200,000 eachan amount considered to be on the low end of the projected settlement amount of $200,000 to $500,000 for each patient harmed by the metal implant device.

There are currently over 8,000 lawsuits pending against DePuy and its parent company, Johnson & Johnson. Approximately 6,000 of those cases have been consolidated in federal court while the other 2,000 are in various state courts. Three Maryland cases regarding the defective metal implant will see the inside of a courtroom in January of 2013 should they not be settled prior to that date while the first federal trials are scheduled for March or April of 2013. Johnson and Johnson has set aside approximately $3 billion dollars for settlement payments and experts believe resolving all the currently filed DePuy cases will run well over $2 billion.

All those implant recipients who reside in states which operate under a statute of limitations of two years may find themselves unable to file a claim against DePuy after August 26, 2012. Considering that many experts believe the failure rate of the ASR to be 50% within five years and 80% within eight years it is clear that over half of those thousands of implant recipients will likely suffer a hip failure and be unable to receive compensation for their defective medical device. Over 50% of those on the ASR hip recipient docket have already undergone hip revision surgerya process that is extremely painful and can leave the patient unable to resume normal activities for many weeks or even months following the surgery.

The ASR hip implant was approved by the FDA in 2005, yet a few short years later had already been the target of over 300 complaints of adverse health effects. Over 17,000 adverse reports have been received regarding the DePuy metal hip implant to date. DePuy estimated the failure rate of the ASR to be between 4-5% when they first marketed the device and when they recalled the implant in 2010, they increased that number to approximately 12%--a number which has since been found to be almost ridiculously low. As many as 40,000 Americans received the ASR implant with as many as 100,000 implant recipients worldwide.

Soon after the metal-on-metal hip implant was approved by the FDA nearly 40% of surgeons began implementing the device, believing it to be much longer-lasting than the metal-on-ceramic or metal-on-polyethylene models. That number has dropped to 10% or less following the recall and the FDA warnings regarding the ASR. Even if the hip implant does not fail entirely, there is a significant risk that the implant patient could develop metal toxicity. The cobalt and chromium ball and cup rub against one another, releasing microscopic metal ions into the surrounding tissues or into the bloodstream. The metal shavings which lodge in the areas surrounding the implant can lead to severe infection and the death of the tissue.

Metals in the bloodstream can lead to neurological, cardiovascular, renal and thyroid issues and have even been found to alter DNA. Other issues noted by implant recipientsbut not yet medically documentedinclude dizziness, loss of balance, hearing problems, memory loss, the inability to distinguish between sweet and salty foods and gastrointestinal issues. The implant recipients who have not yet experienced metal toxicity symptoms still have the risk of developing those symptoms later on. Some bodies appear to tolerate heavy metals more readily than others, meaning some patients will not experience metal toxicity symptoms until their levels are extremely high.

The patients who have not yet filed a lawsuit against DePuy may be stunned to find they are now barred from bringing suit and being compensated for their damages. Those ASR patients who felt relatively fine prior to August 24, 2012 yet began developing serious symptoms after that date could find themselves facing staggering medical expensesa typical revision surgery costs as much as $300,000. Further, many revisions surgeries are unsuccessful, leaving the patient with a limp or even in a wheelchair for life. The three cases which just settled will likely set a precedent for future lawsuits however those who have missed the legal window of opportunity may have little recourse when their implant fails. Speak to an attorney today to discuss your options.

by: Sullo and Sullo Staff Writer

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