DePuy Hip Lawsuit

Discussion in 'Horn Depot' started by Namewithheld, Feb 16, 2011.

  1. Namewithheld

    Namewithheld 2,500+ Posts

    DePuy Orthopaedics has recalled its ASR replacement hip system because its components can come loose, fracturing the bone around the implant, depositing metal fragments in the bloodstream, and causing pseudotumors.

    My sister who is 46, a 2nd grade teacher and lives in Austin had one of these implanted a few years ago and it was ****** from the beginning. She complained to her orthopedic surgeon and he basically said there was nothing that could be done and she had to "live with it". I am in the medical industry and I could kick that *******' ***! [​IMG]

    Then the letter came in October about the recall and she was re-examined and will be having surgery on 1/28. They did a blood test and the Dr said he had never seen that high of metal concentration in the bloodstream of a living person!!!!!!!!!!!!!

    Question to any attorneys out there. She has an attorney obviously and is filing a lawsuit. I just want to understand what damages she is entitled to. I realize there is tort reform and their should be but isn't that for punitive damages and not for pain and suffering? Thanks for any insight.
     
  2. accuratehorn

    accuratehorn 10,000+ Posts

    Not a lawyer, but I think the initial consultation is free, and I suggest two different opinions. It's my understanding that the tort reform makes it almost impossible to get anything in a lawsuit now, but maybe it isn't totally that way.
    Let us know what you find out. I would be interested.
     
  3. Uninformed

    Uninformed 5,000+ Posts

    One thing to note is that unlike physicians and other professional groups, attorneys consider referral fees ethical and get a pretty substantial cut when they refer. So if she finds an attorney and that attorney simply places her in the class action suit, the attorney will get roughly one-third of the contingency fee. The general public doesn’t realize that the lawyer advertising on TV or out on the Internet for mass tort clients is usually just a marketer, selling all the clients he collects to other lawyers.
     
  4. Namewithheld

    Namewithheld 2,500+ Posts

    My sister sought this attorney out due to the advice of a couple of people she trusts. She will NOT be a part of any class-action suit since she can show immediate damages....both physically and mentally. The attorney is on contingency so there will be no fees until the suit is settled. I was just curious as to what she could get from others who may have information on lawsuits similar to hers who have settled.
     
  5. Uninformed

    Uninformed 5,000+ Posts

    That is a great question to ask her attorney. I am curious as well. If the attorney cannot answer the question, then she has the wrong attorney. BTW, there might be a couple ways for you to find out on your own. One is to look at the Depuy SEC filings, they might provide some clues. Press releases by Depuy may also be a source, And investment banking reports may be a third way to get information. Is there a resource that attorneys use to get the info.?


    Some quick info I found from an internet search:

    As of now, a few dozen lawsuits have been filed against DePuy all over the United States, from California to New York. On September 3, 2010, a California plaintiff filed a motion before the US Judicial Panel on Multidistrict Litigation to merge all the DePuy hip recall lawsuits into one MDL case. She cites five separate lawsuits in five states, including one class action lawsuit (class actions can be included in MDL with individual cases). The MDL motion applies only to cases before federal courts not state courts. The plaintiffs are asking for New Jersey federal District Court Judge Susan D. Wigenton to preside over the MDL proceedings, but DePuy is objecting for two reasons. First, it wants the MDL to occur near its headquarters in Warsaw, Indiana. To this end, DePuy is requesting courts in either the Northern District of Indiana at South Bend or the Northern District of Ohio in Toledo to hear the case. Second, DePuy is objecting to Judge Wigenton’s appointment to the cases because she is already presiding over a separate hip implant lawsuit against Zimmer Holdings over its Durom Cup hip implant. DePuy argues that her presence could cause confusion and unintended prejudice to the parties. Some plaintiffs want the lawsuits closer to where they live, such as a large group in and around Chicago, or in California, where DePuy’s hip implant design facilities are located.

    Because of the disagreement, the US Judicial Panel on Multidistrict Litigation will hear oral arguments as to where and to which judge the DePuy hip implant MDL lawsuits should be assigned. The hearing date is Thursday, November 18, 2010 at Duke Law School in Durham, North Carolina. Plaintiffs’ attorneys expect to meet the day before to confer over their clients’ experiences, pre-trial strategy, gathering evidence, and any problems they foresee while working toward a settlement with DePuy. One estimate suggests that hip implant recipients will file more than 4,000 lawsuits against DePuy, necessitating consolidation.

    If a settlement is reached, and hip implant recipients are dissatisfied with it, they are free to return to their local courts and proceed to trial. Hopefully, any hip implant recipient doing so would benefit by accessing the discovery gained from DePuy in MDL, and everyone would save money in the resulting lawsuit.





    According to the company's fourth-quarter report, Johnson & Johnson, parent company to DePuy, took an after-tax charge of $922 million. That charge is for potential litigation settlements, a recall of the DePuy hip implants, an increase of the company's liability reserve and other costs linked to the DePuy hip recall.




    One of the earliest cases occurred in Suffolk County, New York. The patient obtained a $1 million settlement due to a failed hip replacement operation. More recently, in 2000, Sulzer sold hip replacements that were defective because a small amount of oil in the replacement socket ruined the implant. The replacement could not stick to the bone if even one 15,000th of a drop of mineral oil contaminated the socket. The Sulzer case became a landmark hip replacement case. The manufacturer reached a settlement of $1 billion with a class action group. Affecting 32,000 people nationwide, the 3,500 people who required revision procedures received settlement amounts of $206,000 each.
     
  6. accuratehorn

    accuratehorn 10,000+ Posts

    Would it be better to join the federal suit rather than try to file in Texas with its product liability law? Or would it be included in the federal suit anyhow? Just curious, don't have a dog in the fight.
     
  7. NEWDOC2002

    NEWDOC2002 1,000+ Posts


     
  8. Namewithheld

    Namewithheld 2,500+ Posts

    Thanks for all of the information guys. My sister has her operation on Monday 2/28. She is worried due to reports of people NOT being able to have their hip redone due to the tissue and other problems from the metal that comes off of the artificial hip.
     
  9. Namewithheld

    Namewithheld 2,500+ Posts

    My sister is going in tomorrow for her surgery...............if you are so inclined please say a prayer for her.

    Thanks
     
  10. Texanne

    Texanne 5,000+ Posts

    NW, I'll keep your sister in my prayers.
     
  11. Uninformed

    Uninformed 5,000+ Posts

    Good luck. Let us know how the surgery went.
     
  12. cbs

    cbs 500+ Posts

    Most importantly, thoughts and prayers to your sister today. I hope it goes/went well.

    To update Uninformed, the MDL will be in the Northern District of Ohio. They've already started holding status conferences up there.

    As to the original question, her categories of damages (in very general terms) would likely include: costs of medical care to correct any problem, lost earning capacity for any time she was unable to work, physical impairment (did the condition or surgery impair her ability to do activities, etc), disfigurement (any scars from the surgery/surgeries , etc), and pain and mental anguish that she endured as a result of the condition and the eventual care she has to receive.

    And then my lawyer disclaimer, this is not legal advice, every claim is different and advice may be different depending on facts not known here, don't rely on me, I'm not your attorney. You pay for an attorney; you're not paying me. Blah, blah, etc.
     
  13. Namewithheld

    Namewithheld 2,500+ Posts

    Thanks to all for the prayers! My sister came through fine and is in great spirits. I'll let you know what transpires as I get it. I appreciate all of the feedback from everyone. She did get the surgeon to keep the defective hip for her attorney so that is the first step in the lawsuit.
     

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