How to Claim Compensation for a Faulty Hip Replacement
Johnson&Johnson’s faulty Hip implants
One of the main dangers involved in today’s era of widespread corruption and moral relativism is that, we are more than ever extremely vulnerable to all kind of injustices inflicted on individuals by tyrannical government action or by unaccounted blue chip corporations.
One of the most recent hideous case of abuse involves the subsidiary of a well know international corporation “Johnson & Johnson”, which has recently agreed to pay at least $2.47 billion to settle thousands of lawsuits over its recalled hip implants.
The agreement would resolve about 8,000 U.S. suits against Johnson & Johnson’s DePuy unit brought by patients who have already had artificial hips removed.
This settlement is to resolve thousands of lawsuits filed by patients injured by a flawed all-metal replacement hip, and it represents one of the largest payouts for product liability claims involving a medical device in the United States.
The precise value of the settlement is still unclear because lawyers for patients are still trying to estimate how many of the 12,000 related lawsuits involve patients who had a replacement. Lawyers believe that number may be 7,000 to 8,000 cases. The final cost of the deal to Johnson & Johnson could rise, depending on how many claimants who received the device undergo replacement operations in the future, and the final figure to be received by each patient will vary depending on factors like a patient’s age and medical condition.
The hip was first sold by DePuy in 2003 outside the United States for use in an alternative hip replacement procedure called “resurfacing”. Two years later, DePuy started selling another version for use in standard hip replacements that used the same cup component as the resurfacing device. Only the standard version was sold in the United States; both were sold outside the country. About 93,000 patients received an A.S.R., about one-third of them in the United States.
Problems with the design first came to light in Australia and England just a few years after its marketing began. DePuy’s poor-quality devices started causing a number of extremely distressing symptoms in their subjects, ranging from tumours to excruciating pain, dislocation, blood poisoning, partial loss of sensation in the legs and loss of mobility.
The erosion of muscle tissue- as a direct result of DePuy’s faulty devices- was also the most prevalent problem for those who have undergone a hip resurfacing or replacement operations, and some patients even found that their new hip started failing within months, weeks, and even days of receiving surgery.
This muscle erosion means that patients were left with almost nothing keeping the ‘head’ in the ‘cup’, causing the hip to dislocate very easily. It then becomes necessary for the patient to undergo further surgery to fit a new and much more restrictive socket which, while preventing further dislocation, greatly restricts movement of the joint, and isn’t an outright solution, because these are also subject to failure because of the lack of tissue.
The very real concerns regarding the premature failure of this particular product led to its recall by DePuy in 2010, after countless patients were forced to undergo corrective surgery as a result of devastating hip replacement and resurfacing complications they caused.
But DePuy officials surprisingly insisted for years to surgeons who complained about that device that patient problems reflected their surgical technique rather than the implant’s design.
However, extensive investigations uncovered a 2005 internal memo from implant manufacturer DePuy Orthopaedics,- a division of Johnson & Johnson,- that shows the company already knew about the possible toxicity from implants back in 2005.
“In addition to inducing potential changes in immune function,” the memo said, “there has been concern for some time that wear debris may be carcinogenic…Also worrying is the possibility of distant effects. One study suggested a threefold risk of lymphoma and leukemia 10 years after joint replacement.”
Despite the memo, marketing for the metal on metal hips “continued unabated,” according to the investigators and it is believed that the defective DePuy ASR XL Acetabular System and the DePuy ASR Hip Resurfacing System (ASR) unit, have been used in around 20,000 patients, both in the UK and Spain since 2003, having been fitted in both total hip replacement and hip resurfacing operations alike.
Therefore, the problem is undoubtedly having a world-scale implication by now, as hundreds of thousands of people around the world- like uk or Spain- may have been exposed to high levels of toxic metals from those failing implants, according to the researchers. In fact, an investigation carried out jointly by the British Medical Journal (BMJ)/ BBC Newsnight, has found that cobalt and chromium ions can seep into the bloodstream and surrounding patients’ tissues, damaging muscle and bone near the implant and in some cases causing long-term health problems. These metal ions can also enter the bloodstream and travel to the lymph nodes, spleen, liver and kidneys, and may also cause genetic changes.
But, how can it be possible that neither surgeons nor patients were ever informed about the potential risks, subjecting millions of innocent people to such a large uncontrolled experiment, and being treated as guinea pigs instead of human beings?
Dr Fiona Godlee, the BMJ’s editor in chief, noted that a combination of inadequate regulation and untrammelled commercialism has caused actual and potential harm for large numbers of patients around the world,” she observed.
We would add to that another set of reasons, such as greediness, the contempt for the suffering of innocent people and an absolute lack of the most basic and essential moral principles that define us as human beings.
In fact, our fundamental human rights as well as the suffering of innocent human beings, are not really of any interest to these greedy corporations, which are unfortunately most concerned with making profits exclusively. They only get worried in those extreme cases of strong public opposition or when facing an imminent danger of being imposed with heavy penalties by honest judges.
The main purpose of this article is to raise awareness about this serious subject as it has been brought to our attention that an increasing number of English expats living in Spain, might inadvertedly be affected by these faulty hips and subsequently, in the unfortunate event that you might believe to have been the innocent victim of this company, due to the gravity of the situation, please check with your own surgeon and also do not hesitate to contact us in case you might need any legal advice about this serious matter ASAP.
Bear in mind that as European Citizens, you are under the protective umbrella of the European Consumer legislation. In fact, The Spanish Consumer Protection Act implemented a European Directive into Spanish law (similar to the Uk Consumer Act), to provide protection to individuals who had been harmed by defective products. This includes a wide range of medical components and devices such as hips, and gives individuals rights against the manufacturers of defective hip products.
Briefly about our Firm
We would like-if we may- to inform you that our Law Firm (www.ricorabogados.com), is entrusted with the protection against human rights abuses, public health and the environment, by waging legal campaigns challenging the abuses of some of the world’s most powerful banks and international corporations. To much is at stake: the protection of our elderly as well as our children and future generations, from the abuses perpetrated by several of these short minded unscrupulous Banks and cruel corporations that should be made accountable for their misdeeds.
Integrity, intellectual honestly, critical thinking and independence of mind are our guiding principles and our Mission Statement is To ALWAYS uphold Justice and the Rule of Law and to NEVER allow our clients to be subjected to any kind of criminal or constitutional civil rights abuse.
At the moment, we are helping hundreds of innocent people against the grossest violations of their most elementary human rights, by either unscrupulous private corporations, corrupted public bodies or their civil servants.
Fraudulent advice and selling of toxic financial products by greedy Spanish Banks, clinical negligence, poisoning with GMo food, mobile phone radiation, etc are just a few of the areas where our firm is strongly committed at present and we expect a significant rise of cases in the near future.
In short, Ricor Abogados will be more than willing to help in any situation where an innocent person might have been treated not as an individual qua man deserving of full respect and consideration, but simply as a disposable guinea pig liability, exactly like in the present case of Johnson & Johnson’s DePuy unit where faulty hip replacement and resurfacing devices have been implanted into thousands of unsuspecting patients over the past few years.
How we can help
Therefore, if you’ve undergone hip replacement with either the DePuy ASR hip replacement XL Acetabular System or the DePuy ASR Hip Resurfacing System, and have been suffering from any complications or are concerned about health implications as a result, then you could well be entitled to make a claim for hip replacement compensation against the manufacturer, DePuy, for the pain and injuries that you have suffered.
We will investigate whether you have a valid clinical negligence claim and should you be eligible for compensation, you would form part of our group action, as there are a number of other claimants who have suffered from defective hip replacements across the country and it is likely that there will be more within the next few months.
Bear in mind that “time is of the essence” as there are a limitation period in Spain for these kind of claims and the sooner you might decide to go ahead with legal action, a better chance will be for you to claim a higher compensation, without the delay and uncertainty of protracted litigation.
We hope this information is useful and should you be interested in joining our class action, please do not hesitate to our specialist clinical negligence solicitors here to discuss your case – firstname.lastname@example.org and we will be delighted to give you further instructions.
Thank you very much again for your attention and we look forward to helping you.
Mr. Oscar ricor
Solicitor at www.ricorabogados.com