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Class Action Lawsuit Filed Against DePuy Orthopaedics, Inc.
Date:9/28/2010

DENVER and CINCINNATI, Sept. 28 /PRNewswire/ -- Burg Simpson Eldredge Hersh & Jardine, P.C., one of the nations' leading plaintiff litigation law firms, has filed a class action lawsuit in Ohio against DePuy Orthopaedics, Inc. on behalf of all United States citizens who received an implant of the ASR XL Acetabular System hip replacement.

On August 24, 2010, DePuy Orthopaedics, Inc., a subsidiary of Johnson & Johnson (NYSE: JNJ), announced a voluntary recall of its ASR™ XL Acetabular System hip replacement, after a report published in Britain revealed an unacceptable failure rate of the device, resulting in revision surgery for 13 percent of patients within five years.

Individuals represented by Burg Simpson are seeking answers to a number of questions including, whether DePuy should have known of the defects in the device prior to its sale and implant in patients, and whether DePuy failed to provide timely and adequate post-market warnings of the health risks associated with the its ASR™ XL Acetabular System.

"Hip replacement surgery is among the most painful and disruptive surgeries an individual may have to endure. Once is certainly enough, but to undergo the procedure twice, and as a result of a defective implant is almost unimaginable," said Seth A. Katz, Burg Simpson shareholder, and one of several attorneys working on this case.  

Mr. Katz continues, "When medical devices such as DePuy's ASR XL Acetabular System fail, the impact on a patient's life can be devastating. Given the large number of devices recalled, it is conceivable that thousands of individuals across the United States may unknowingly need revision surgery, even if they are currently not experiencing any pain or discomfort." Although the company announced it will reimburse "reasonable medical expenses" to patients who sign releases providing DePuy complete access to their private medical records, the "offer" may be misleading, according to Burg Simpson shareholder Janet G. Abaray.

"In our opinion, DePuy's 'offer' may deceive potential claimants into believing that the company has actually agreed to advance or reimburse their costs for medical monitoring or revision surgery.  In fact, no specific offer to pay medical costs has been made and no specific plan for reimbursement has been announced.  Moreover, DePuy has stated that before reimbursement of expenses will be provided, it will review the patient's medical records to determine if the patient meets DePuy's criteria for payment.  According to DePuy, the medical records must confirm that the revision is related to the ASR recall and 'not some other type of cause, such as a traumatic fall.'  Blaming the device failure on a fall, or another cause, such as physician error, patient misuse, pre-existing condition or underlying diseases is a standard litigation defense in these types of cases. Thus a patient who releases medical records to DePuy may do nothing but provide DePuy with a jump start on litigation defenses."

Burg Simpson's defective medical device attorneys have successfully litigated hundreds of defective artificial joint replacement cases over the last 30 years in state and federal courts and in the Multi-District Litigation (MDL) arena. Anyone who has received a DePuy hip replacement in the last seven years and is concerned about the potential health risks should, in the first instance, contact their physician.

With offices in Denver, Cincinnati, Cody, and Phoenix, Burg Simpson Eldredge Hersh & Jardine, P.C., is a firm of award winning national trial lawyers, practicing in the areas of personal injury, class action, medical malpractice, dangerous drug litigation, defective products, insurance bad faith, employment law, commercial and securities litigation.


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SOURCE Burg Simpson Eldredge Hersh & Jardine, P.C.
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