THE MULLIGAN LAW FIRM
NATIONWIDE HELP FOR THE INJURED AND THEIR FAMILIES
 

Defective Implant Class Actions: DePuy ASR® Hip Implants & Defective Zimmer NexGen® Knee Implants

You may be entitled to compensation!

Regardless of the type of implant you are experiencing problems with, we would like to speak with you as soon as possible. Please call us today at 1-888-446-8087 or fill out a form on our website at www.drugrxrecall.com.

DePuy ASR® Hip Implant Update, August 2012

Johnson & Johnson Allegedly Settles First Several Claims Over Defective Hip Implants

According to a recent article in Bloomberg, Johnson & Johnson agreed to pay about $600,000 to resolve three cases in Nevada. However, as outlined below, this amount is creating controversy as it may not be an accurate statement of what the claimants were actually paid by Johnson & Johnson to resolve their claims. It may in fact be an amount leaked to the media in order to attempt to set settlement levels at the low end of the expected spectrum.

The Bloomberg article states that each of the claimants will receive about $200,000 to resolve the suits prior to their scheduled trial dates that were expected later in 2012.

The Bloomberg article quotes the sources for the settlement information as speaking anonymously.

This news was disappointing to some as it appeared very low, and at the low end of what similar claims are thought to potentially be traditionally settled for in the past.

Johnson & Johnson recalled about 93,000 DePuy ASR hip implants worldwide in 2010. About 37,000 were recalled in the United States. It is thought that about twelve percent of the devices fail within five years.

Almost immediately after the announcement of these settlements in the Bloomberg article, the plaintiffs who agreed to settle their hip implant claims against Johnson & Johnson and DePuy Orthopaedics, Inc. asked a Nevada judge, in an article by Harris Martin, to cancel or void the confidentiality agreement governing their settlements so that they could come forward with the truth about their settlements that they claim are distorted by information leaked potentially from defendants.

The three plaintiffs in Nevada that are the basis of the Bloomberg article filed a "Motion Striking Confidentiality from Settlement Agreement" on August 22, 2012. The plaintiffs claim they have complied with the settlement agreement, while the defendants have potentially supplied misleading information to a media outlet concerning settlement amounts.

Metallosis and Metal Debris Injuries

The Hip implants that were recalled mainly contain cobalt and chromium alloy. It is claimed that metal debris from the components cause tissue death (necrosis) in the area of the implants, and also release metal ions into the bloodstream to levels that are adverse to health (metallosis).

About 8,000 cases have been filed alleging that the DePuy ASR hips are defective. These cases are filed in Ohio, California, Nevada, Maryland, and other states. There are international plaintiffs as well.

Johnson & Johnson of course deny in various court filings that the hips caused various recipients to develop life-threatening health conditions.

The Bloomberg article states that Johnson & Johnson faces a state-court trial set for January in Maryland; if these cases are not settled, they will be the first to go to trial. Federal cases are set for trial in March or April of next year.

The Bloomberg article cited above mentions that it may cost Johnson & Johnson as much as 2 billion to resolve all litigation over the Depuy ASR hips.

There are a very large number of cases pending in this litigation, and the news release from Bloomberg was seen by some as an attempt to set expectations at the low-end of settlement values for these types of claims. However, as outlined above, the Nevada Plaintiffs almost immediately countered that the DePuy ASR Defendants were potentially releasing "inaccurate" settlement details.

The above discussion pertains specifically to the DePuy ASR hip implant and related litigation. The devices below and manufacturers mentioned below are placed here to help those with similar issues, but are not the subject of the DePuy ASR Hip Implant litigation mentioned above (except for the DePuy devices discussed above).

Some of the potential metal-on-metal hip implant devices that may potentially be implicated in elevated cobalt and chromium blood levels include (this is not an exhaustive list; if you know of others please contact us):

Biomet M2a

Biomet Magnum

B.Braun Melsungen

DePuy ASR – Johnson & Johnson

DePuy Pinnacle with Metal Insert – Johnson & Johnson

Proxima Hip

Proxima Hip Early Research & Placement

Revelation Lateral THR

Smith & Nephew Birmingham

Stryker MITCHTRH

TriboFit Hip System

Wright Conserve

Wright PROFEMUR Stem Designs

Zimmer MIS Mini-Incision

List of manufacturers of metal-on-metal hip devices potentially at issue and who may have been requested to provide hip replacement data on patients who received their products during surgery may include (this is not an exhaustive list, if you know of others please contact us):

Advanced Bioresearch Association; American Ortomed Corp.; Biomet; C.R. Bard, Inc.; Downs Surgical Ltd.; Encore Medical; Endomedics, Inc.; Implantology Corp.; Johnson & Johnson – DePuy; Joint Medical Products Corp.; Link America, Inc.; Med-Tek Corp.; Orthopedic Manufacturing Co.; Orthopaedics Device Corp.; Osteo Technology, Inc.; Pfizer, Inc.; Stryker Howmedica Osteonics; Synergy Orthopaedics Intl., Inc.; Techmedic, Inc.; Turnkey Integration USA, Inc.; Wright Medical Technology; Zimmer

If you or a loved one have a DePuy ASR Hip Implant, or any type of metal on metal implant, we would like to speak with you immediately. Our lawyers are active in this litigation with numerous claims and we would like to include your potential claim with the others we are working on at this time. Please contact us as soon as possible for a free review of your potential claims. Failure to act quickly could cause you to lose your legal rights forever if you allow the statute of limitations time to pass.

Even if you live outside of the United States, we would like to talk with you about your potential claim for any type of defective implant.

Please call us today at 1-888-446-8087 or fill out a form on our website at www.drugrxrecall.com.

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Mass Tort vs. Class Action: What is the Difference?

You may find this website because you put "class action" into your search engine, along with a medical device name, such as "DePuy ASR Class Action" or "Pinnacle Class Action" or "DePuy Class Action," or even "Hip Implant Class Action."

You might think "class actions" are the way most cases are handled by law firms dealing with prescription drugs that harm people. However, actually this is not precisely true. Most pharmaceutical drug claims are handled as "mass torts."

You probably did not put "mass tort" into the search engine as the term "mass tort" is far less well known legal term in the public generally. Therefore, we make sure to help you find us by discussing class actions frequently and explain the difference between class actions and mass torts here.

Class Action

A class action is a type of legal proceeding where a lawsuit is filed on behalf of a group of people who share a set of circumstances, harms, injuries, sufferings, or potential damages. Class actions are designed to help promote "judicial economy" and decrease pressure on courts when large numbers of people suffer a harm in the same manner.

For example, class actions are sometimes used in the context of when a bank or large corporation charges fees that are determined unfair to a large number of clients. In those instances, one harmed person may stand as the single claim that determines the outcome for the entire class of claimants. Often the recovery is not good for the class of harmed individuals as a whole.

Typically a class action has several criteria that must be met. The individuals in the class must be notified of the claim and given a chance to "opt in" or "opt out" of the class, or find lawyers of their own. Prior to the actual class action lawsuit, a motion is filed in court that certifies a particular plaintiff as the acting party on behalf of the larger group or class of plaintiffs.

One of the factors looked at is whether the individual recoveries for each plaintiff are too low to warrant each plaintiff hiring their own attorney; when this is present a class action may be certified as the best way to proceed. For example, this is often the case when dealing with small bank fees.

The representative plaintiff also shows that he or she is typical in that his or her experience with the company or product is typical of the experiences of the other similarly situated plaintiffs, and that this type of class action lawsuit is the most efficient for holding the defendants accountable. The evidence against the defendants must be typical and represented in a similar manner by all the harmed individuals, and finally, a showing that individual lawsuits against the defendant would never be prudent nor efficient in time and money is part of the process of determining that a class action is the best way to proceed. It is easy to see that the often massive and very different injuries sustained by people who take prescription drugs do not fit this mold for "class actions."

Mass Tort Lawsuits

Mass torts are different from class actions despite the fact that they are related in the sense that both share a large group of people who have suffered harms.

Mass tort claims, like class actions, try to reduce the number of court claims in the legal system and promote judicial economy and efficiency. However, they cover a much broader range of subjects typically than class actions and they are handled differently.

Perhaps the simplest way to understand the difference is mass torts still involve each plaintiff having their own individual claim.

There is no "representative plaintiff" in mass tort claims. The mass tort plaintiffs are each receiving their own legal process and individual remedy tailored to their particular circumstances.

Mass tort claims are the most common way that consumers are provided legal remedies when they are injured on a large scale by defective drugs or defective products. While drugs and defective medical devices, for example, injure large groups of people, the injuries are often very different among each plaintiff. All cases in drug defect claims rarely fit neatly into a single class of individuals who share the exact same type of injury.

Mass tort litigation allows one attorney or a group of attorneys to represent several injured parties in individual cases. The attorneys often share information to help each other and their clients proceed against the defendants in a more powerful manner as a result of the cooperation of the plaintiffs' attorneys. Attorneys all over the country, and in fact sometimes internationally, pool resources, research, information, time, financial resources, and their intellectual energy and ideas to make sure that all of the plaintiffs hopefully obtain some measure of justice.

Mass tort claims are often complicated with detailed litigation and numerous plaintiffs and defendants. Sometimes experts are used just to determine the proper way to award damages to the various parties.

DrugRxRecall and The Mulligan Law Firm are here to listen to your potential mass tort claim and hopefully help as many people as possible find justice. Please contact us today if you or a loved one have an injury of any type discussed on this website.

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What You Can Do & How We Can Help

If you or somebody you know has suffered an injury as a result of a drug or medical device discussed on this website, you should contact us immediately for a free case consultation.

Call us at 888 446 8087, 24 hours a day or fill out any of the forms on this website.

The Mulligan Law Firm, a national law firm located in Dallas, Texas, provides legal information and resources for injured individuals and their families. The firm has successfully resolved over $600,000,000 in claims for its clients. Formed in 1995, it has been helping people for almost 15 years, with the strength and experience to represent plaintiffs in all 50 states.

You may be entitled to compensation for your injuries. We take all cases on a contingency-fee basis, which means you do not pay for our services unless you receive an award or compensation.

Do not delay, as your rights and compensation may be lost forever if you wait. Statutes of limitations vary by state, and failure to act immediately may cause you to lose your potential legal rights forever.

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We are also interested in speaking with individuals who have suffered after receiving knee implants, such as a Zimmer NexGen® Knee Replacement, which we discuss below.

Zimmer NexGen Knee Replacement Implant Defects

The Zimmer NexGen knee replacement implant has potentially been found to have an unacceptably high rate of failure, loosening, pain and other potentially major complications.

A prominent surgeon and consultant to Zimmer Holdings called for a Zimmer NexGen knee recall to be issued. This action was taken as a result of repeated observation of problems, later to be followed by a study confirming the initial findings.

The resulting action from Zimmer Holdings was the insistence that the knee replacement system is safe, and the problems were due to the skills of the surgeons involved.

About the NexGen Complete Knee Solution Cruciate Retaining Knee (CR)

NexGen Complete Knee Solution Cruciate Retaining Knee (CR) is a knee replacement device created by Zimmer Holdings, based in Warsaw, Indiana. The model at issue, the NexGen CR-Flex, is designed to provide a greater range of motion than the standard NexGen.

From the Zimmer Holdings website: "The NexGen CR, a "cruciate retaining" implant, is intended for patients who, in the physician's judgment, have good bone stock and whose ligaments provide adequate joint stability. The CR is frequently used for patients undergoing a "primary" or first time total knee replacement surgery. The CR is designed to help accommodate people with the ability and desire to perform activities that require at least 0-120 degrees of flexion such as, walking, sitting, and climbing stairs."

The most commonly used method of implanting an artificial knee is by using an adhesive to bond the thigh bone to the portion of the device that bends, cementing the two together. Some specialists avoid adhesives because cement can break down, causing failure of the device. Because of this, Zimmer sells an uncemented version of the CR-Flex that relies on the bone naturally growing into the implant. This uncemented version is the source of the problems and complaints.

"…he gave the device, which is supposed to last about 15 years, to about 125 patients in 2005, the first full year he used it. But by early 2006, some X-rays showed lines where the implant met the thigh bone, an indication that the device was loose and had not fused completely. Patients could walk, but they were reporting pain, apparently a result of the loose joint." - New York Times article titled "Surgeon vs. Knee Maker: Who's Rejecting Whom?" June 18, 2010

Several prominent surgeons, one the former consultant for Zimmer mentioned above, first presented their study at a medical meeting in the fall of 2009 and again this year at a national meeting of the American Association of Orthopedic Surgeons. The uncemented Zimmer knee was found to fail in 9 percent of 100 patients featured in the study. Furthermore, the knee was observed to be loose in approximately 50% of the patients, requiring additional surgeries in some of them.

Side-Effects and Failure

The Zimmer NexGen CR-Flex Porous Femoral components are replacement knee products that have been associated with a high number of reports of:

•Loosening of Replacement Knees (50% in study mentioned above)

•Knee replacement failure

•Surgery required to correct complications

•Other knee complications and pain

If you or a loved one have been seriously injured after surgical implantation with any of the Zimmer NexGen CR femoral components, please contact us immediately for a free consultation.

These problems could include:

•Unexplained pain after knee replacement

•Loosening of replacement knee

•Revision knee surgery to correct problems with a Zimmer knee replacement

Contact DrugRxRecall's affiliated attorneys at The Mulligan Law Firm now at 1-888-446-8087.

Who We Are

The Mulligan Law Firm, a national law firm located in Dallas, Texas, provides legal information and resources for injured individuals and their families. The firm has successfully resolved over $600,000,000 in claims for its clients. Formed in 1995, it has been helping people for almost 15 years, with the strength and experience to represent plaintiffs in all 50 states.

The Mulligan Law Firm is currently investigating injury claims involving Zimmer NexGen Knee Replacements.

If you or a loved one has been seriously injured after surgical implantation of a Zimmer NexGen Knee Replacement, it is important that you consult with a legal professional immediately. The Mulligan Law Firm has experienced lawyers standing by to help you.

You may be entitled to compensation for your injuries. We take all cases on a contingency-fee basis, which means you do not pay for our services unless you receive an award or compensation.

Do not delay, as your rights and compensation may be lost forever if you wait.

Did you have hip replacement surgery involving implantation of the DePuy ASR (Articular Surface Replacement)?

One in every eight of these implants is thought to fail, requiring remedial surgeries. Since 2008, and until the time of writing this article, the FDA has received about 300 complaints about the early breakdown of this device.

DePuy ASR Hip Implants are now the subject of many lawsuits. The Mulligan Law Firm is active in this litigation and would like to speak with you if you or a loved one suffered from a failed DePuy ASR implant, or a failed implant of any kind. Metal on Metal implants of various kinds are linked to various side effects experienced by many patients.

What are the ASR Hip Implant Side-Effects?

  • The cup that has been implanted loosens or fails to bond.
  • Excessive metal debris collects in the socket, a condition called Metallosis.
  • This excess metal debris can also result in a pseudotumour, a soft tissue mass that may be the result of a toxic reaction to the excess bits of metal.
  • An adverse tissue reaction to metal particles and ions can occur, referred to as ALVAL: Aseptic Lymphocyte Dominated Vasculitis Associated Lesion.

The result of these side-effects is that a painful and expensive surgery intended to last at least a decade ends up needing revision within two or three years, sometimes even sooner.

The ASR Hip Implant Systems

The ASR XL Acetabular and ASR Hip Resurfacing systems are manufactured by DePuy Orthopedics (a division of Johnson & Johnson). First used in the United States in 2005, the devices were withdrawn from the Australian Market at the end of 2009.

Under close scrutiny in the U.S. for some time, on March 9, 2010 DePuy Orthopedics announced that the ASR Hip Replacement systems would be discontinued in the U.S. market. The reason? The devices were failing and requiring additional surgeries.

On August 26, 2010, a voluntary recall of the device was issue by DePuy.

If you or a loved one has been seriously injured after hip replacement with a DePuy ASR product, please contact us immediately and we will give you a free consultation.

For more information on DrugRxRecall.com including our terms and conditions of use of this site, please visit our parent site www.drugrxrecall.com.

Think you may have been injured by
Defective Implants?
Call us now at
1-888-446-8087
or fill in the form below for a free consultation

Were you or a loved one surgically implanted with an implant?

Yes No

Have you been diagnosed with any of the following?

Implant loosening or failing to bond
Implant Requires Revision Surgery
Pseudotumour: a soft tissue mass
ALVAL Aseptic Lymphocyte Dominated Vasculitis Associated Lesion
None of the above

Have you had revision surgery?

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What is your age?

0 - 10 years
11 - 19 years
20 - 39 years
40 - 59 years
60 - 108 years

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Where and when did you or your loved one's injury occur?

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I understand that laws may vary from state to state, and while I agree that local counsel may be contacted for referral of this matter, I will not rely on any response as legal advice.

Privacy Policy: This website does not automatically collect any information regarding the domain name or e-mail address of consumers. For consumers who voluntarily submit our inquiry form, we collect name and address, e-mail address, telephone numbers, and inquiry-specific information as volunteered by the consumer. Any information collected will be used only in relation to the specific inquiry from the consumer, and may be shared with third-party partners only as necessary to satisfactorily answer the consumer's inquiry. Consumers may review and change information collected at the time we contact them to answer their inquiry, if necessary. To learn of changes to this policy, effective July 31, 2009, please periodically return to this website and review this statement.

Past results afford no guarantee of future results and each case is different and is judged on its own merits. Some cases result in no recovery. Costs and expenses will be advanced and reimbursed to us only if you recover. You have no liability for costs or expenses unless a court directs. Please do not stop taking any prescription drug without first consulting with a doctor.

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The medical devices discussed on this page are registered copyrights and-or trademarks of their respective manufacturers.

For more information on DrugRxRecall.com including our terms and conditions of use of this related site, please visit our parent site www.drugrxrecall.com and click on the User Agreement at the bottom of the home page.

Zimmer NexGen is a registered trademark of Zimmer Holdings, Inc.

The use of the terms Zimmer, Zimmer MIS, Zimmer NexGen, Zimmer NexGen LPS-Flex, Zimmer NexGen GSF-Flex and Zimmer NexGen CR Flex are strictly for identification purposes on this website. They are registered trademarks of Zimmer Holdings, Inc.

DrugRxRecall and The Mulligan Law Firm is in no way affiliated with Zimmer Holdings, Inc. or any other device manufacturer.

This website is not affiliated in any way with Zimmer Inc.

The Zimmer NexGen CR Flex Porous Femoral knee and Zimmer Nexgen Flex Knee are registered trademarks of Zimmer Inc.

DePuy ASR is a registered trademark of DePuy Orthopaedics, Inc., a subsidiary of Johnson and Johnson, and is used for general informational and product identification purposes only.

Our law firm (Despacho de Abogados) evaluates potential cases throughout the entire United States including Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming. We can also help American citizens living abroad in countries such as Canada, Spain, Mexico, Europe, Asia, Africa, etc.

Our lawyers and attorneys (Abogado de Ley) also evaluation potential claims or lawsuits from the following cities: New York, Los Angeles, La Jolla, Chicago, Dallas, Houston, Phoenix, Philadelphia, San Antonio, San Diego, San Jose, Detroit, Jacksonville, Indianapolis, San Francisco, Columbus, Austin, Memphis, Fort Worth, Baltimore, Charlotte, Boston, Seattle, Texarkana, Little Rock, Washington, Milwaukee, Denver, Louisville, Las Vegas, Taos, Nashville, Oklahoma City, Portland, Tucson, Albuquerque, Atlanta, Newport Beach, Long Beach, Fresno, Sacramento, La Mesa, Kansas City, Cleveland, Virginia Beach, Omaha, Santa Fe, Miami, Oakland, Tulsa, Honolulu, Rancho Santa Fe, Minneapolis, Colorado Springs, Arlington, Wichita, Plano, and Berkeley.

No matter where you live we would like to talk to you about your potential claim.