(PRWEB) February 13, 2013
More testimony during the DePuy ASR trial points toward potential problems for Johnson & Johnson. The company’s marketing department allegedly encouraged its sales staff in emails and at a conference to be “ruthless” about selling the later-recalled DePuy ASR hip replacement system
, the Rottenstein Law Group reports after reviewing videotaped testimony* given on Feb. 13 at the trial currently underway in Los Angeles.
The Rottenstein Law Group, which finds this news troubling, will continue to offer analysis of and monitor progress from the nation’s first ASR trial, In re: Loren Kransky and Sheryl Kransky v. DePuy, Inc., et al. (BC456086, Los Angeles Superior Court). Additional testimony at the trial, according to a Bloomberg** report, indicated that emails between employees of Johnson & Johnson subsidiary DePuy showed they were worried in 2007 about how the metal ions would affect sales. The DePuy ASR, which went on the market in 2003, was recalled in August 2010. The metal-on-metal design of the hip components can potentially cause metal particles to enter a hip recipient’s bloodstream because of friction.
“Thousands of hip implant recipients could have been spared pain and serious side effects if DePuy did in fact know about the alleged risks of its ASR hip implant and acted in a responsible manner,” said Rochelle Rottenstein, principal of the Rottenstein Law Group, which is actively filing ASR lawsuits on behalf of hip implant recipients. “The people who call us daily with alleged side effects such as metal poisoning could have used this information years ago.”
Read more: DePuy Hip Recall News: Rottenstein Law Group Comments on News That J&J Marketing Department Was Concerned Side Effects Would Affect Sales
Playing golf may help men and women stricken with arthritis regain their mobility, medical experts say. Arthritis is a condition that prompts hip replacement against which artificial devices were being reported as substandard and which persuaded the European Union (EU) in creating the registry for medical devices.
Arthritis is being described as a joint disorder featuring inflammation which is usually accompanied by joint pain such as arthralgia, according to the MedicineNet.com website.
The sport of golf is a very adaptable sport that can be personalized to meet the physical capabilities of almost anyone. It may even have health-enhancing effects, it says.
If a person is suffering from arthritis, playing golf may improve the strength and mobility of his upper extremities, spine, hips and lower extremities. Golf may help his range of motion in his joints or how well he may move each joint through its full capabilities. It also can help improve balance and coordination.
Playing the sport can make a person undergo lower-intensity exercises, like walking on level ground or on a hilly golf course at a moderate pace, which can provide health benefits, the Arthritis Foundation says.
Arthritis is being considered as one of the leading causes of disability. It may prevent a person from doing ordinary tasks at home and work, or even from playing a round of golf. But it doesn't mean the person is doomed to a life of inactive lifestyle. In fact, the Arthritis Foundation says that exercise helps relieve arthritis. With careful planning, an effective treatment program and a few arthritis aids, a person may still enjoy a game of golf.
The most common type of arthritis is osteoarthritis, which is a degenerative condition that tends to affect more men before age 45, but it is more common in women over 45, according to the National Institute of Arthritis and Musculoskeletal and Skin Disorders or NIAMS.
Osteoarthritis regularly results from an injury, joint abnormalities, motion problems or overuse. It harms the cartilage and bones in a person’s joints and leads to pain, stiffness and immobility.
Therefore, walking around the golf course, driving and putting all require a person to use his joints. But arthritis usually dwindles joint muscles and threatens them. To restructure them and keep a person’s golf game going, men and women are strongly advised to follow their treatment plan, which probably includes weight-bearing exercises to strengthen muscles, ligaments and bones, and range-of-motion exercises to improve flexibility in the joints. Before a person starts doing a round of golf, he or she person should warm up and stretch for about five to 20 minutes, according to the Arthritis Foundation.
It is also important for a person to change golf gears as it may help lessen further the joint injury and pain. They are strongly advised to switch to low-compression golf balls and clubs with lighter-weight graphite shafts, according to the Arthritis Foundation. The golfer also should use a perimeter-weighted golf club head to improve shock absorption, and use a tee every time the golfer hit the ball to avoid damaging their joints.
The golfer stricken with arthritis may find a wide variation of arthritis assistive devices that make playing golf more accessible and enjoyable. For instance, there is a special arthritis shoes which might be more comfortable than golf shoes with spikes. A knee brace may help to control motion and support their muscles. A wrist brace or splint might lower pain when they are holding their club and swinging. This advice, if being followed, may help a person stricken with arthritis avoid the worse which usually leads to surgical procedure such as hip implant, which has been the subject of a hip replacement recall
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The high failure rate of the ASR hip system was made public through the reports of the Australian National Joint Replacement Registry. The negative feedback thrown at the all-metal hip implant of DePuy Orthopaedics urged the company to recall the devices in 2009. An Australian government agency might may require doctors to report defective implants
, recent report says.
The Australian government, like the United States, is looking into different grounds of the hip recall. A 50-percent, high-than-normal failure rate was made public by the Australian National Joint Replacement Registry through Director Stephen Graves. The director remarked that “It is a complete untruth that DePuy did not have reason to withdraw the ASR before now; we have been telling them since 2007, but they allowed it to be used on thousands of people.”
The Therapeutic Goods Administration called for the pull out the faulty implant two years after it first knew about the failures. Health care practitioners were informed about the problem device but there was no warning given to the general public. The president of the Australian Orthopaedic Association, Dr. Graham Mercer, mentioned that warnings on prostheses given by the National Joint Replacement Registry should be acted upon immediately by the TGA. A more stern testing of prosthesis must be done before it is approved for general use was also recommended by Dr. Mercer.
The Community Affairs Committee in the Australian Senate recently conducted a hearing on this matter. It recommended that the TGA require doctors to report any incidents of defective devices in their patients. The report states that the "The committee recommends the Department of Health and Ageing introduce mandatory reporting for health practitioners to the TGA on relevant issues in certain circumstances including problems with medical devices." Endorsement fees paid by pharmaceutical companies and device manufacturers doctors should be stopped, as recommended by the Senate.
The News Australia reported that in the country, roughly 5,000 patients were given the DePuy ASR hip implant. An artificial joint replacement registry has been operating in Australia even before the DePuy ASR hip recall
was called.The registry’s report, along with the National Joint Registry of England and Wales, helped alert the world to the DePuy hip implant-related problems. The United States is keeping tab on recipients who are not citizens of the country because it did not have a joint registry of its own.Reference
Generally, a hip replacement is expected to last for 15-20 years. It will eventually start to wear off and patient may need a revision surgery. But recent reports indicate that metal hip devices are failing earlier than expected. There is an estimation made by the National Joint Registry for England and Wales (NJR) that nearly 1/3 of ASR hip replacements fail in six years
. DePuy Orthopedics, a subsidiary company of Johnson & Johnsons Inc., marketed the ASR hip.
The British Hip Society held its annual meeting last March 2011. Several doctors and patients discussed about MoM hip implants’ failure rates, particularly the DePuy ASR. The results of the failure rate were 21% at 4 years and 49% at 6 years, higher than what was expected. From the gathered data, doctors are cautioned that “Pain in this group of patients should be taken seriously and investigated appropriately.” When a hip implant starts to fail, pain can be one of the earliest complaints.
In the United States, all-metal hip is becoming a big concern. The New York Times made a review on the federal data of the Food and Drug Administration that the agency received numerous complaints about the all-metal hip this year, larger than the number of complaints of the past 4 years combined. The manufacturers were ordered by the FDA to examine the health of their patients and to study the frequency of hip failure.
The British Joint Registry follows around 2, 100 patients who have received the DePuy ASR. Of those patients in the registry who have received the metal implant 6 years ago, roughly 29% have had it replaced. For patients who received the device 5 years ago, the failure rate is lower at 17% but this may increase over the following years. Even if the patients being followed by the registry are not from the US, doctors and patients still pay close attention to the agency because there is no such registry that exists in the country.
According to the spokesperson of DePuy, the 6-year replacement rate presented by NJR “should be interpreted with caution because it is based on a small number of cases.” These figures are a great warning sign and increase health concern of patients who are recipients of the device. Doctors and patients should carefully consider whether or not to use metal-on-metal hip implants. The DePuy Orthopedics, with the various failure rate reported about their product, has ordered a worldwide DePuy hip recall
Continuous updates are constantly being given to those interested in finding out more about the DePuy hip replacement recall
which was announced in the summer of 2010. Those who have been affected filed for lawsuits claiming damages and seeking to be compensated for both monetary and non-monetary losses. It was clear that DePuy should be held liable for its apparent negligence to offer its consumers a safe and durable hip replacement device.
Alarmingly, there recent news from a Bloomberg article which revealed that the hip implants, ASR XL Acetabular System and ASR Hip Resurfacing System were far more dangerous than what was previously thought by experts and the people. The source of this update was provided, yet again, by a foreign organization. According to the British Orthopaedic Association and the British Hip Society, “Data on the ASR XL Acetabular System from four surgeons show the rate of second operations, or revisions, ranges from 21 percent after four years to 49 percent after six years.” That means that in six years, almost half of all recipients would require a second hip replacement surgery to correct the damage DePuy's ASRs inflicted.
The acting chairperson of this organization further added that, “About 10,000 of the hips were implanted in the U.K., including 5,000 or so resurfacing devices and 5,000 of the ASR XL prostheses, also known as total-hip replacements.” In the 93,000 hip replacements sold worldwide, a whopping 46,500 of them would fail within six years.
Short of actively disallowing patients to use metal-on-metal implants, British organizations had this to say, “Based on the results presented, the use of large diameter metal-on-metal bearings in primary total hip replacement should be carefully considered and possibly avoided.” These are all conclusive findings from sources who specialize in orthopedic practices and devices.
Filing a hip replacement lawsuit immediately is crucial to the success of your case. Your hip lawyer would look into and assess your situation establishing a strong argument against the company. As the DePuy's implants' harm increase
as studies are being made, you should equip yourself with information about the ongoing litigation by checking out the DePuy hip replacement recall website.
The news regarding the DePuy hip recall stirred up the interest and concern of the public. This issue started when DePuy Orthopaedics, the prime manufacturer of the ASR XL Acetabular System and the ASR Hip Resurfacing System, recalled their products from the market after the Food and Drug Administration took control. These are both metal-on-metal hip implants with a 12-13% failure rate. Anyone unfortunate enough to have received a defective implant will experience a number of symptoms, such as pain, movement difficulties, reduced range of motion and numbness around the hip area. Complications such as closed fractures, leg asymmetry and paralysis can also occur if the symptoms are not managed immediately.
Basically, with non-DePuy hip implant failures, the risks are more or less the same. DePuy’s ASR systems might entail more hazards because of the substantially high failure rate, but you should be well-informed nevertheless. Other manufacturers like Zimmer also face hip recall lawsuits because they have also been known to produce malfunctioning hip implants.
With this, you might ask, “What am I going to do if start to experience symptoms of a failing non-DePuy hip implant
?” If you are wondering about the validity of a lawsuit, you can still press charges even if your defective implant is manufactured by a company other than DePuy. However, what you should first do is to talk to your physician. Details about your hip replacement operation, including the nature and maker of your hip implants, can all be known. This will help you establish the details of your case.
The DePuy hip recall
mirrors all other negligent manufacturers of flawed health care devices. If you have just recently learned of this issue, then you might as well keep track of pertinent news and updates, including the legal options that are made available to you. As what the famous saying goes, ‘ignorance of the law excuses no one’. Speak to a hip recall lawyer now.
DePuy Orthopedics, just this year of 2010, issued a product recall on their ASR system because of their high failure rats of about 13%, and the associated adverse effects that placed the patients at a very difficult disposition.
The DePuy hip recall
has alarmed patients with arthritis, in particular, because hip replacement surgeries are effective remedies for degenerative hip conditions, such as osteoarthritis, which is a condition that affects elderly women more than men. A hip replacement operation generally has a good prognosis, but it depends entirely on the overall functionality of the hip implant, which takes the responsibility left by a damaged hip joint. Obviously, if there is something with the implant itself, the hip replacement is a total waste of time and money.
Examples of the problems associated with the defective implants are pain, movement difficulties, metal sensitivity, headache, tissue swelling and bone fractures. Because the implant is technically a foreign object, infection may also occur, resulting in fever and other signs of inflammation. The metal debris released from the implants travels into the blood stream, causing nervous system damage. In severe cases, permanent disability may occur if neglected for too long. The risks are even higher for those with arthritic conditions.
Before anything worse happens, you ought to consult an orthopedist, possibly a different one, just to get a second medical opinion. Right after that, consult your hip recall lawyer for your legal options about your situation.
Credits to: Guest Post - Hip Transplant Recall Alarms Patients with Arthritic Conditions, m
National implant registries exist for one selfless purpose: to protect the welfare of the public. True enough, the implant registries established in the United Kingdom and in Australia have indeed lived up to this kind of expectation, although it took years to notice such troubling incidences. The ASR implants manufactured by DePuy Orthopaedics have been found to be causing an exceptionally increasing number of revision hip procedures. It was later revealed that the failure rate of these metal-on-metal hip implants was at 13%, and had the potential to affect 1 in every 8 recipients. Because the implant registries were able to observe this alarming incidence, the creation of implant registries in the United States is ongoing.
Some people may not know of this, but a law firm is actually leaving a misleading trail, deceiving enough to bamboozle the victims into their lair. They pretended to be a concerned government entity, named as the ‘National Hip Recall Registry’, and paid a certain company to launch a database. The information provided by potential clients to the database was then passed on the law firm. Those affected by the recall, including DePuy recipients, should be careful in disclosing information
. This is clearly an unethical way to promote law and order, and it most certainly will not earn the public’s trust. How can a person’s rights be defended if, before an action is even made, they were already violated?
For everyone’s information, only two recognized implant registries exist in the United States, named the American Joint Replacement Registry, or the AJRR, and the National Orthopaedic Outcome Registry, or the NOOR. These registries truly and legally exist for the good of everyone concerned.
You would not want to be misled, especially if you have been through a lot already with the DePuy hip replacement recall
. You may find it helpful to consult a good and competent hip recall lawyer. In that way, you can be guided accordingly as far as your legal options are concerned.
This video outlines the steps you should take if you discover your hip replacement has been recalled.
93,000 people have purchased hip implants from DePuy Orthopaedics, namely the ASR XL Acetabular System and the ASR Hip Resurfacing System. The victims have all felt the symptoms of a malfunctioning implant—extreme pain, localized weakness, tissue swelling, metal sensitivity, and many more. All these prompted the victims to file a lawsuit against DePuy. With product liability cases, medical practitioners, such as physicians, are normally left out. However, a doctor is now facing charges for co-developing the recalled hip implants from DePuy.
Recently, a hip replacement patient pressed charges against his surgeon
, Dr. Thomas Schmalzried, a Southern California-based orthopedist who made contributions in the production of ASR devices. Months before, it was revealed that the hip implants have a 13% chance of failing, so that 1 in every 8 DePuy implant recipients will get affected. This statistical figure necessitates the need for a second hip replacement, or the so-called revision surgery, where the patient goes under the knife once again to take out the defective device. As if this is not the worst thing that could happen—the truth is, not all revision surgeries are 100% successful, so there might be a possibility that some patients may have to undergo a third hip replacement procedure. In as much as DePuy was aware of the defects of their ASR devices, Dr. Schmalzried may have known the same thing as well. What makes the case a very strong one against the surgeon is due to the fact that he did not disclose to his patient his affiliation with DePuy. To add more disbelief to the issue, the doctor received millions of royalty amounts from the company at an estimated $10 million.
Not even doctors can be trusted with the DePuy recall
, but there are still a lot of credible ones out there. Your priority, after all, she be your health. After that, you should think about filing a case against DePuy. Ask your hip recall lawyer about it.