Navigation Links
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.


'/>"/>
SOURCE Burg Simpson Eldredge Hersh & Jardine, P.C.
Copyright©2010 PR Newswire.
All rights reserved

Related medicine technology :

1. U.S. Court of Appeals Reverses Third-Party Payor Class Certification Suit Against Lilly
2. Shareholder Class Action Filed Against SciClone Pharmaceuticals, Inc. by the Law Firm of Barroway Topaz Kessler Meltzer & Check, LLP
3. Wellmont Health System Selects Omnicell for Best-in-Class Medication Management
4. Plaintiffs and Novartis Pharmaceuticals Corporation, a US Subsidiary of Novartis AG, Agree to Resolve All Gender Discrimination Claims Associated With Class Action
5. NeoStem Adds Distinguished Researcher to its World-Class Scientific Advisory Board
6. PartsSource Wins 2010 World Class Customer Service Award
7. ProUroCare Medical Announces Filing of Request to Classify the Prostate Mechanical Imager ("PMI") as a Class II Device
8. DOAR Provides Trial Consulting Services in Victory for 5,600 Women in Gender Discrimination Class Action Trial Against Pharmaceutical Giant
9. Drug in New Class of Targeted Therapies Shows Early Promise Against Blood-Related Cancers
10. Swedish Cancer Institute and Elekta Launch Renewed Partnership Agreement to Continue the Flow of World-Class Technology, Services to Cancer Patients in the Pacific Northwest and Beyond
11. Sequenom Announces Final Approval of Settlement in Class Action Securities Lawsuit
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:7/21/2017)... and EDMONTON, Alberta , ... scientists and the University of Alberta in ... data in Nature,s partner journal, Schizophrenia 1 , ... predict instances of schizophrenia with 74% accuracy. This ... severity of specific symptoms in schizophrenia patients with ...
(Date:7/21/2017)... RESEARCH TRIANGLE PARK, N.C. , July ... UTHR ) announced today that it will report ... opens on Thursday, July 27, 2017. ... on Thursday, July 27, 2017, at 9:00 a.m. Eastern ... international callers dialing 1-970-315-0533.  A rebroadcast of the teleconference ...
(Date:7/21/2017)... , July 21, 2017  Endo International plc ... completing a comprehensive review of its manufacturing network, the ... and distribution facilities in Huntsville, Alabama ... take place over the next 12 to 18 months. ... impacted by declining volumes of commoditized products and these ...
Breaking Medicine Technology:
(Date:7/24/2017)... OH (PRWEB) , ... July 24, 2017 , ... ... place August 13-17 in National Harbor, MD. This year's theme focuses on the ... the principal benchmarks for quality and integrity in testing and calibration will be ...
(Date:7/24/2017)... (PRWEB) , ... July 24, 2017 , ... A Southern ... food addiction to sexual abuse, and how she has overcome them. “Forbidden Memories: A ... in her life and how she has risen above. , In “Memories,” readers get ...
(Date:7/24/2017)... Church, VA (PRWEB) , ... July 24, 2017 ... ... and Managers, **Presented by FDAnews and MSceppa Consulting **, Aug. 22-23, 2017 – ... ends on Friday, July 28. , Increased FDA scrutiny and growing demands to ...
(Date:7/24/2017)... ... ... customizable and interactive Bible study guide for children. “The Perfect Gift” is the creation of ... accepted Christ as her Savior, yet never studied His word, surrendered to His will, or ... book to her children, so they would know the importance of the truth. She ...
(Date:7/24/2017)... ... 24, 2017 , ... The Center for Addiction Recovery Training ... host a second Multiple Pathways of Recovery Conference on October 23-26, 2017. This ... from CCAR’s foundational principle – a belief in multiple pathways of recovery, aims ...
Breaking Medicine News(10 mins):