Andrew Testa for The New York Times

A faulty Articular Surface Replacement, or A.S.R., removed from a patient in 2010.

By BARRY MEIER

Published: November 12, 2013

Related articles

• Johnson & Johnson Said to Agree to $4 Billion Settlement Over Hip Implants (nytimes.com)
• J&J Said to Reach $4 Billion Deal to Settle Hip Lawsuits (bloomberg.com)
• Johnson & Johnson DePuy hip implant settlement reported (lawprofessors.typepad.com)
• Johnson & Johnson said to reach settlement for hip-implant suits (denverpost.com)
• Johnson & Johnson Reaches $4 Billion Settlement Over Hip Implants (theatlanticwire.com)
• Johnson & Johnson Investors Sweat, but the Dow Bounces Back (fool.com)
• Johnson & Johnson Offer Two Settlement Deals for the DePuy ASR Hip Replacements (prweb.com)
• Johnson & Johnson said to reach $4 billion accord to settle hip-implant claims (nj.com)
• Johnson & Johnson to pay $4 billion settlement over metal-on-metal hip implants: Report (cbsnews.com)
• DePuy ASR Settlement Update: Rottenstein Law Group LLP Comments on $4 Billion DePuy Hip Settlement News (businesslawdaily.net)

by Christy Rakoczy, a J.D.

Manufacturers of hip and knee replacement products made many promises to consumers.  This is especially true of DePuy Orthopaedics, Stryker, Zimmer and other manufacturers of the new generation of joint replacement products largely marketed as medical devices that would last longer and provide more flexibility than traditional joint replacement solutions.

Unfortunately, the marketing for many of the new hip replacement products may have turned out to be a lot of hype. In fact, many of the hip replacement products that came on the market in recent years not only fail to last longer but actually appear to have higher failure rates and may cause serious complications for many patients.  The extensive problems that patients allege they’ve experienced has even caused Consumer Reports to call for a “lemon law,” on replacement joints.

Consumer Reports Calls for a Warranty On Artificial Hips and Knees

Consumers Union, the policy arm of Consumer Reports, argues that medical device manufacturers should give consumers a warranty on hip and knee replacement products, promising to replace the medical devices at no costs.  This suggestion comes at a time when as many as 20 percent of all hip replacement procedures and 10 percent of all knee replacement procedures each year are revision surgeries that are necessary because of problems with the implanted artificial joint.

Consumer Reports believes a warranty would both be fairer to patients who need to undergo repeated surgeries and would prompt medical device manufacturers to make sure their products are safer and more durable.

While this idea has merit as a method of protecting customers, unfortunately a warranty may not be enough. Those whose artificial joints fail often experience significant pain and serious medical complications. A no-cost revision surgery wouldn’t compensate the victims of defective medical devices for these other losses, but a product liability claim can and does allow patients to take action for defective hip and knee replacement devices.

Patients Have Rights When Hip and Knee Products are Defective

A large part of the reason revision surgeries have become so common in recent years is that many of the newer hip replacement products are metal-on-metal devices that were brought to the market under a special FDA rule.

The FDA’s 501(K) clearance rules allow manufacturers to produce and sell medical devices with a fast-tracked approval process and minimal testing provided there are substantially similar devices on the market already. Unfortunately, many of the devices brought to market under these rules have now been recalled when it turned out the products weren’t so safe after all.

DePuy Orthopaedics, for example, instituted a voluntary recall of its ASR™ Hip System after data from a UK joint replacement registry indicated a higher-than-average failure rate. The Stryker Rejuvenate and ABG II Modular-Neck Hip Systems were also recalled because of high failure rates.

The FDA continues to review the safety and efficacy record of metal on metal hip implants. The agency continues to receive adverse event reports with regard to the devices.  Commonly alleged problems include:

• Aseptic loosening
• Infection
• Bone loss
• Metallosis (a/k/a “metal poisoning”)
• The formation of pseudo tumors
• Decreased range of motion and limited mobility
• Pain

Patients who experience these complications deserve to have the manufacturer of their defective device pay for revision surgery.  This is not all they deserve, though, and a warranty allowing for a no-cost revision procedure doesn’t go far enough. Victims whose lives are affected by defective medical products should also be compensated for time missed from work; for pain and suffering; for emotional distress and for any reduction they experience in their quality of life.

Bio:

Christy Rakoczy, a J.D. from the University of California, is a legal writer and advocate for consumer rights and patient safety. You can read more of her work on the Stryker hip implants, including recall information, complications, and ongoing legal action, at strykerhiprecall.co.

Related articles

• CIHI Study Reveals Problems with Metal-on-Metal Hip Implants (earlsview.com)

Eighteen months later, I was diagnosed with level one chronic lymphocytic leukemia.

I had every test imaginable regarding the leukemia and there were chromosomal abnormalities or deletions; however, never having a baseline study, it would be a stretch to say that there were changes.

A friend alerted me to the dangers of cobalt and chromium poisoning in 2012 and I requested the blood test, yet my surgeon did not encourage it as I was not symptomatic with hip issues. Both minerals tested were elevated but I was told they were not dangerously high at the time.

One year later, I requested to have the mineral blood test again so the results would be available for my annual appointment. Levels had risen significantly and I was having groin pain, hip pain and stability issues.

The orignial surgeon suggested a total hip resurfacing at some point, but certainly immediate surgery was not emphasized. I went for another opinion and that surgeon made room in his surgery schedule that week so that the Depuy Pinnancle could be removed.

My question is this: Are there others with metal on metal hip implants who then were diagnosed with blood cancer? I find it more than coincidental, yet when I ask medical professionals they state that there are no definitive studies linking the two.

Related articles

• DePuy Defective Hip Implant Claims | eLocal (elocallawyers.com)
• Hip Replacement Lawsuits (hipreplacementlawsuits.wordpress.com)
• DePuy ASR Hip Implant Lawsuit Filed by Wright & Schulte on Behalf of Texas Man Who Alleges His Serious Hip Injuries Were Caused by Defective Design of ASR Hip Implant (prweb.com)
• Hip Replacement Recall (ehipreplacementrecall.wordpress.com)
• Experts Advise Patients with MoM Hips to Undergo Blood Tests (hothealthnews.wordpress.com)
• Fighting Rare Blood Cancers (23andme.com)
• Lawmakers Mull over Actions for Hip Implant Safety (hipimplantlawyer.wordpress.com)
• The New Design of DePuy ASR Hip (depuyrecall.typepad.com)
• DePuy Hip Replacement Failure Rate (depuyrecall.typepad.com)
• US Drug Watchdog Now Urges All DePuy Pinnacle Hip Implant Recipients To Call Them About A Blood Test To See If This Metal Hip Implant Has Failed-Time Is Of The Essence (prweb.com)

I have just read with great interest Howard’s response to the letter from Smith and Nephew regarding the Birmingham hip and after my recent experiences with the ASR there is something I wanted to share with everyone. Firstly for those here in Australia, I have been interviewed for the Sunday edition of News Ltd Newspapers (Sunday Mail in Qld, Sunday Telegraph in NSW, Sunday Herald Sun in Vic, etc.) and I believe the story is going nationwide as the interview came out of Canberra, I am also appearing on the Current Affairs program “Meet the Press” on Channel 10 on Sunday morning for a panel discussion which I am led to believe (speaking to the interviewer today) is about everything from approval failures to my experiences to medical company/surgeon ethics! So as this is live it should be interesting, for those outside of Australia it should be available on the web, I will (in conjunction with Earl of course) put up any links after the event that may help everyone to view these.

But what I wanted to share and would be very interested in others experiences, is something that my surgeon told me last week and also after reading Howard’s letter response I think it is even more important. Here in Australia the peak professional body for Orthopaedic Surgeons (apparently these people are ‘independent’ of any medical company or other organisation) is the Australian Orthopaedic Association (AOA). The AOA has recently sent a memo to their members with the following directive:

“When discussing with patients the issue of elevated Cobalt/Chromium levels, please be mindful of the following points. Up until now elevated levels of these two elements have been referred to as ‘Cobalt/Chromium Toxicity’ or ‘Cobalt/Chromium Poisoning’. It is advised that in the current climate, that this should now be referred to as ‘Cobalt/Chromium Sensitivity’! In other words this ‘independent’ organisation is doing everything in their power to protect the medical companies who have produced these products by taking the inference of toxicity or poisoning out of the statement and replacing it with a ‘reaction’ type word in other words, it isn’t our fault for poisoning your bodies, it is your fault for actually daring to react to that poisoning!! Apart from being dumbfounded when I heard this, I must admit that I did very quickly become angry, I would be very interested to hear if anyone else has experienced anything such as this (remembering that I was fortunate that my surgeon shared this with me as he was ‘disgusted’ by the AOA’s actions). So as far as they are concerned the Strokes, Blood Poisoning, Kidney Failure, Poor Bone/Fracture Healing, Tissue Necrosis (death), Hearing/Sight loss/deterioration, just to name a few, are all actually our fault not theirs as our bodies reacted to the poison that was introduced to us, nothing at all to do with the fact that this stuff shouldn’t have been ‘roaming free’ within our systems in the first place!!

I hope everyone has a great weekend, I am looking forward to Sunday morning after 6 months of further declining health, pain and poor mobility I think keeping it ‘short and sweet’ will be my biggest challenge! I would be very interested to hear of others experiences regarding what I have written above and I will also be interested in feedback regarding the media stuff. I look forward to speaking to you all again soon!

Cheers,

Stu Cain

Related articles

• Smith & Nephew Letter (earlsview.com)
• Hip Resurfacing an Alternative to Hip Replacement (hothealthnews.wordpress.com)
• Smith And Nephew Unveils New Hip Device (smithnephewhip.wordpress.com)
• DePuy Defective Hip Implant Claims | eLocal (elocallawyers.com)

My apologies for not getting back to anyone I owe a reply to, please feel free to remind me, the last couple of weeks have consisted of doctors, radiology, blood tests, pain and no sleep, so I have been very slack. I have been watching with keen interest what has been going on and sincerely hope that Paige is getting the assistance and recognition that she deserves! As we all do from time to time, I have taken a step back so that I could try to get my body together, unfortunately I haven’t won that one yet!!

I am sure that many of you will relate to the following scenario, but I just wanted to write about it as I am still adding it to my list of ‘firsts’ since my “ASR experience” began. In the last 3 months I have experienced more pain and decline in my health then I have for the last 6 years, and all this after I had supposedly undergone the ‘this will finally sort you out surgeries’. I am in no way being critical of my surgeon here, he has worked tirelessly in finding answers to the many complications I have faced and I retain complete faith in him. I have a fracture in my right femur (ASR Hip side) that has now been present for 18 months, despite the plate and 9 screws holding my femur together, it has decided to appear on x-ray at least to be breaking down completely, I can certainly back that up in pain and inability to weight bear! When presented with this evidence and the appearance on Bone Scans of fractures bilaterally (left and right) in both my feet, my left shoulder and also potentially in my lumbar spine, my surgeon thought it was time to seek opinion from further experts as to why my femur is degenerating and why these new fractures might be coming from. Against the background of Cobalt/Chromium toxicity and multiple hip revisions (3), my surgeon decided we needed to look at things from a ‘biological level’ and referred me to a colleague who is an Endocrinologist and experienced researcher.

This was the start of one of ‘those days’! My wife and I, after waiting the usual couple of months to get in to see this doctor (and I appreciate that we got in quickly for those of you who have had to wait much longer for medical review), entered the waiting room with a great deal of trepidation. We were called, introduced to the doctor and escorted to the consulting room. After being seated the following statement was made: “I can see you are in pain, but I see a very depressed man sitting in front of me, are you talking to someone about this”. Then turning to my wife: “I can see you are depressed too, you should be talking to someone about this”. So it began. This was our first interaction with this doctor ever, to say we were taken aback was an understatement. We had gone there seeking answers to why my health/body was deteriorating so quickly and as my wife says “I am watching my husband deteriorate in front of my eyes”, this was not what we had expected to be hearing.

We were then given a lecture about ‘our need’ to be getting psychological/psychiatric help, and that Anti-depressants mightn’t be a bad idea. It was then pointed out to me that I was ‘obese’ and that I needed to address this. I had let her go on the first part about our Mental Health thinking that she was trying to help, however I now was starting to see red as we hadn’t so much as mentioned why we there in the first place which was to try to find some answers as to why my bones are breaking and the one that is really broken isn’t healing. The ‘fresh set of eyes’ that was to review my case was now just irritating me! I was then advised that I should stop being lazy and just go to Weight Watchers so that I could do something about my Obesity! If I wasn’t depressed when I walked in the door I was now!! I was also starting to get that burning feeling of anger and resentment that I know so many of you have experienced through your dealings with medical professionals over your journeys.

We finally actually started talking about ‘how it was that I came to be in this situation’, at this point I was almost relieved to be talking about bloody hip replacements!! However I naively expected that she may have read some of the 20 odd pages of notes that my surgeon sent with my referral and referred to my Johnson and Johnson/DePuy implant merely as an “ASR”. She stopped me immediately and said, “what is an ASR?” We should have stood up and left, but stupidly we stayed on, and with much reminding me that she wasn’t an ‘Orthopod’ and not really interested in the surgical side of things, we eventually got up to what medications I was taking. Earlier in the discussion her thoughts had varied between me being on ‘too much’ pain relief, to ‘that is probably nowhere near enough’, so now we were discussing the merits of me visiting a ‘pain clinic’, but even she then admitted that they probably wouldn’t be able to help as they wouldn’t understand or know how to treat this kind of ‘experience’ or pain process.  I was also asked to explain ‘why I was taking these medications’, when I replied that they had been prescribed and that I was merely following Doctor’s instructions, I was told that I should have taken control of this and ‘known better’. Now I am a mere Nurse, I know we are all probably far more knowledgeable about our conditions than most of the doctors we speak to, but even I have to stop short of prescribing and planning my own medication routine! I feel sorry for those of you out there with no formal medical education, I wonder what she would have said to you?

Continuing in the medication, I mentioned that I take a number of natural medicines (Fish/Krill Oil, Rose Hip Extract, Glucosamine, Chondroitin, Boron etc), I was asked how much I spend on these a month? I replied about $300. I was then told I would be far better off spending that on Weight Watchers for all the good it was doing me! After completing the medication review, we finally pulled out some of the scans and x-rays I had brought along for a casual glance. When she noticed the difference of over 10 cms (approx. 3 inches) in my femur fracture in roughly a month, she thought that I had got the dates wrong as this wasn’t possible. Adding the x-rays of my fractures in both feet, I was then asked if I had been in a car accident? I pointed out that no, I hadn’t, and then she said that I must have had a fall. When this was not also true, the gravity of what she was looking at must have finally sunk in as she offered my wife a tissue (Karrin wanted to belt her over the head with the box I found out later)!

The next part of the appointment was almost ‘humane’ as she empathised with us that this was indeed a truly ‘unique set of circumstances’ in her experience. I was told that I should be in a wheelchair as ‘what am I trying to prove by walking around in pain’, I did point out that I had actually been asked to try to walk by my surgeon. This was followed up by more contradictory comments about my ‘pain threshold’ and we were nearing the end of our time together!

The things I was to take away from the appointment was that even though I had gone there looking for answers, I should realise I probably won’t get any, I should start at Weight Watchers as soon as possible ‘as it is plain that you are obese’, I needed to see a Psychologist at least ‘to help me cope’, I should stop trying to be a hero by trying to walk, my wife was also to seek Mental Health guidance as I was obviously putting her ‘through a lot’ and I should learn to ‘get over my anger with Johnson and Johnson’ as that isn’t going to help me get any better (needless to say at this point in time I firmly believed that no-one else apart from my family and I were going to help me ‘get better’)!! We are to return in 6 weeks’ time when she will have done ‘some looking into all this’, spoken to the many doctors who have treated me over the journey (all of which she seemed to know very well according to her), reviewed all of my blood tests, x-rays, scans etc. and she will have a report for us.

Needless to say I am not holding my breath, I am more determined than ever that we all have to look after ourselves as even ‘the experts’ seem to treat us all as either a: ‘broken puzzle’, ‘a novelty’ or just a ‘pain in their arse’!! I wanted to talk about this appointment as I have spoken to so many people who have had shocking experiences with Doctors and other health professionals that I just wanted to re-assure you that you weren’t on your own. I also think that this is also a very good therapy for my ‘depression’, as it allows me to vent, express and share, things which unfortunately most poor souls who suffer from depression rarely get to do and please don’t think I am in any way diminishing the terrible impact that depression has on many of our lives as we go through this horrible experience called Metal-on-Metal. Indeed I encourage any of you who are currently, have previously or are not quite sure if depression is in your life, to please reach out and talk to someone about it as I believe we are all going through enough torture without adding that type of torture to the mix. As this doctor finally said to us, “if I was in your shoes, I would probably be depressed”, not much relief at the time, but after what she had just put us through it was almost a sense of vindication.

I wish all of you the best of health at this time, I am getting away with my wife for a short break where we can’t be disturbed and just have a nice waterway to watch and can do a bit of fishing. I hope that no matter whether you are battling Johnson and Johnson/DePuy, Smith and Nephew, another manufacturer or just the failings of your own health, that you are supported and loved by those around you, because I know that without this blessing I wouldn’t be here. I keep hoping that it can’t get any worse, but sadly I don’t think I have hit bottom yet, I just need to be able to hope. To Earl, Brooks, Howard, Meg, the 2 Connies, Belinda, Mary, Paige, Morgan and all of the other wonderful people I have had the pleasure of meeting here, I hope your days are reasonably comfortable, you are ‘getting better’ and for all of us that there is some justice just around the corner!

Take Care

Stu Cain

Related articles

• $8.5 Million Verdict against Johnson & Johnson for DePuy Hip Replacement (nylawblog.com)
• VICTORY FOR MoM Sufferer – Johnson & – Johnson Ordered to Pay $8.3 Million in Hip Implant Case – NYTimes.com (earlsview.com)
• Five Common Causes of Hip Pain in Women (everydayhealth.com)
• Hip Pain: What Do Your Symptoms Mean? (everydayhealth.com)
• Stuart Cain Reports – A Warning for all MOM Patients – It is NEVER over, and your health is never, ever going to be the same! (earlsview.com)
• Weight Watchers (everydayhealth.com)
• Jury rules in Merck’s favor in Fosamax trial (nypersonalinjurylawrecord.com)
• Mesh scandal: Lawyer on why £7m compensation case will not be the last (dailyrecord.co.uk)
• Fosamax Users Experience Femur Fractures (hothealthnews.wordpress.com)

After losing two jury trials, Johnson & Johnson/DePuy can now celebrate the fact that a jury has ruled in its favor regarding the company’s ASR all-metal hip implant.

The company’s unexpected good fortune comes on behalf of an Illinois jury, Reuters reports, which declined to award damages to plaintiff Carol Strum. A DePuy spokeswoman commented to Reuters after the decision that the company took “appropriate and responsible” action to help Strum, including an initiative to address medical costs she faced after dealing with her initial ASR hip implant. As the story explains, Strum sued because she claimed her 2008 implant was defective and it doctors were forced to replace it three years later.

Assuming Strum’s attorneys don’t file an appeal, the outcome is a much more positive one then Johnson & Johnson’s ($JNJ) first U.S. jury trial defeat in March (in Los Angeles), which will cost Johnson & Johnson $8.3 million. And then there’s the New Jersey jury that ordered the company to pay $11.2 million to an ASR plaintiff who endured a number of repeat surgeries after the implant failed.

Read more: For J&J, a hip lawsuit trial victory – FierceMedicalDevices http://www.fiercemedicaldevices.com/story/jj-hip-lawsuit-trial-victory/2013-04-17#ixzz2Qkl4C1KN

Related articles

• Doc who designed DePuy’s metal hip tells jury he wouldn’t implant the device today | MassDevice (earlsview.com)
• Illinois jury finds in favor of J&J in hip implant trial (xe.com)
• Illinois jury finds in favor of J&J in hip implant trial (medcitynews.com)
• Johnson & Johnson Wins Hip Implant Jury Trial in Chicago (bloomberg.com)
• UPDATE 1-Illinois jury finds in favor of J&J in hip implant case (xe.com)
• DePuy ASR Hip Lawsuit News: Plaintiff’s Attorney Alleges J&J Pursued Profits Over Safety; Asks for as Much as $180 Million in Damages (prweb.com)
• DePuy ASR Recall Lawsuit Update: Rottenstein Law Group Responds to ASR Hip Implant Designer Who Testified He Would No Longer Implant His Patients with the Device (prweb.com)
• Illinois jury finds in favor of J&J in hip implant case (news.terra.com)
• DePuy ASR Recall Lawsuit Update: Rottenstein Law Group Responds to ASR Hip Implant Designer Who Testified He Would No Longer Implant His Patients with the Device (earlsview.com)
• J&J pressured to settle Australian hip lawsuits – FierceMedicalDevices (earlsview.com)

Trial Judge Reduces Final Judgment in DePuy ASR Hip Case to $8.26 Million

April 2, 2013

LOS ANGELES — A California Superior Court judge has issued a final judgment of $8,260,790.85 after the recent trial in a DePuy ASR hip implant case, representing a reduction of $77,345.27 in the jury’s award of compensatory damages.

Los Angeles Superior Court Judge J. Stephen Czuleger said in issuing the judgment March 22 that the parties agreed that the $338,136.12 awarded for medical expenses should be reduced under Montana law to account for amounts payable by a collateral source.

The judgment left intact the jury’s award of $8 million in non-economic damages to plaintiff Loren Kransky.

Related articles

• Peter J. Flowers, Chicago Trial Lawyer Begins Local DePuy ASR Trial (prweb.com)
• DePuy ASR Hip Recall Website Launched by Bernstein Liebhard LLP to Keep Public Apprised of Ongoing DePuy ASR Litigation (prweb.com)
• DePuy ASR Trial – Closing Arguments – Trial plaintiff says J&J hips defective, company says not liable (earlsview.com)
• US Drug Watchdog Now Urges All DePuy ASR And Pinnacle All Metal Hip Implant Recipients To Get A Blood Test And To Call Them Before The Time Runs Out To Get Identified (prweb.com)
• DePuy ASR Hip Recipient Feared for His Life before Revision Surgery (earlsview.com)
• J&J Profit Pursuit Led to Defective Hip, Lawyer Argues – Bloomberg (earlsview.com)
• DePuy ASR Lawsuit Update: Toxicologist Testifies That Plaintiff Kransky Has High Levels of Metal in His Blood – Yahoo! Finance (earlsview.com)
• DePuy Defective Hip Implant Claims | eLocal (elocallawyers.com)
• DePuy ASR Recall Lawsuit Update: Rottenstein Law Group Responds to ASR Hip Implant Designer Who Testified He Would No Longer Implant His Patients with the Device (businesslawdaily.net)
• DePuy Hip Recall News: Second ASR Trial Begins, Rottenstein Law Group Reports (businesslawdaily.net)

Doc who designed DePuy’s metal hip tells jury he wouldn’t implant the device today

Related articles

• US Drug Watchdog Now Urges All DePuy ASR And Pinnacle All Metal Hip Implant Recipients To Get A Blood Test And To Call Them Before The Time Runs Out To Get Identified (prweb.com)
• DePuy ASR Hip Recall Website Launched by Bernstein Liebhard LLP to Keep Public Apprised of Ongoing DePuy ASR Litigation (prweb.com)
• Peter J. Flowers, Chicago Trial Lawyer Begins Local DePuy ASR Trial (prweb.com)
• DePuy Defective Hip Implant Claims | eLocal (elocallawyers.com)
• DePuy ASR Hip Recipient Feared for His Life before Revision Surgery (earlsview.com)
• J&J Profit Pursuit Led to Defective Hip, Lawyer Argues – Bloomberg (earlsview.com)
• What DePuy Orthopaedics Knew About Its All-Metal Hips – NYTimes.com (earlsview.com)
• DePuy ASR Trial – Closing Arguments – Trial plaintiff says J&J hips defective, company says not liable (earlsview.com)
• DePuy Pinnacle Hip Lawsuits: Bernstein Liebhard LLP Notes New Order in Federal DePuy Pinnacle Litigation (earlsview.com)
• Business: Washington Post Business Page, Business News (earlsview.com)

Defence minister to sue over ‘toxic’ hip implants that left him with a tumour

• Andrew Robathan was fitted with ‘metal on metal’ implants in 2006
• Developed non-cancerous tumour in the top of his leg
• More than 10,000 people in UK were fitted with the implants

PUBLISHED: 08:49 GMT, 4 April 2013 | UPDATED: 13:55 GMT, 4 April 2013

Action: Armed Forces Minister Andrew Robathan is suing the firm which made metal hip implants that he claims caused a tumour in his leg

Armed Forces Minister Andrew Robathan is to sue a firm that made a ‘toxic’ hip implant which left him with a tumour in his leg.

Mr Robathan, has been left in constant pain and has difficulty even standing for long periods of time after he was fitted with the ‘metal-on-metal’ implant – which tests have showed can become warn down and poison the bloodstream.

The former SAS officer, who served during the first Gulf War, is among tens of thousands of people to receive the implants, which were the subject of a health warning after it was found that tiny metal fragments could break off of them over time.

Mr Robathan had an operation to resurface both of his hips seven years ago, when doctors inserted the ASR Hip System implant which is manufactured by DePuy, a subsidiary of Johnson & Johnson.

He developed a non-cancerous tumour at the top of his leg, and was told by his doctor that it was linked to the implants, the Telegraph reports.

The devices, which have been fitted to around 10,000 British patients, had already been recalled following safety fears by then.

Health watchdogs in 2012 said that those who had been fitted with them should undergo annual medical checks. DePuy had recalled its implants two years previously.

‘At first I was resigned to the fact that something had just gone wrong,’ he told the Telegraph, ‘but I went from being resigned about the situation to being absolutely angry.

Warning: More than 10,000 people in the UK were fitted with the metal-on-metal hip implants (stock picture)

‘I am in contact with lawyers with a view to taking legal action,’ he said.

A DePuy spokesman said the firm regrets the ASR Hip System did not perform as expected for some patients and that it is committed to addressing medical costs directly associated with the recall, the Telegraph reports.

In October 2012 Mr Robathan, who is married with two children, was told to calm down by the deputy speaker after complaining about noise levels from the public gallery in the House of Commons.

Read more: http://www.dailymail.co.uk/news/article-2303817/Andrew-Robathan-Defence-minister-sue-toxic-hip-implants-left-tumour.html#ixzz2Pj8q7ptd
Follow us: @MailOnline on Twitter | DailyMail on Facebook

Related articles

• US Drug Watchdog Now Urges All Metal Hip Implant Recipients Who Have Had Revision Surgeries To Call Them For The Names of Attorneys To Help Them Get Compensated (prweb.com)
• Signs Your Hip Implants Are Hurting You (earlsview.com)
• Common Problems Associated With Titanium Hip Replacements (orthopedics.answers.com)
• US Drug Watchdog Now Urges All DePuy ASR And Pinnacle All Metal Hip Implant Recipients To Get A Blood Test And To Call Them Before The Time Runs Out To Get Identified (prweb.com)
• DePuy ASR Hip Recipient Feared for His Life before Revision Surgery (earlsview.com)
• Smith & Nephew Failure Warning for Birmingham Hip Implant (earlsview.com)
• DePuy Defective Hip Implant Claims | eLocal (elocallawyers.com)
• Metal on Metal Hips – New Video – Lampkin & Co Solicitors (earlsview.com)
• J&J metal hip failed because of toxic debris -expert at trial | Reuters (earlsview.com)

DePuy ASR Recall Lawsuit Update: Rottenstein Law Group Responds to ASR Hip Implant Designer Who Testified He Would No Longer Implant His Patients with the Device

A key DePuy ASR metal-on-metal hip implant designer testified on April 2 in an Illinois court that even though he believed the design process was thorough, he would not implant the device today.* The Rottenstein Law Group, a DePuy ASR law firm, responds to court documents that show Dr. Thomas P. Schmalzried, who was on the design team for the now-recalled ASR, was also on the design team for DePuy’s Pinnacle, a hip implant often used during revision surgery to replace the ASR.

DePuy ASR Hip Replacement

Chicago, IL (PRWEB) April 04, 2013

A key DePuy ASR metal-on-metal hip implant designer testified on April 2 in an Illinois court that even though he believed the design process was thorough, he would not implant the device today.* The Rottenstein Law Group, a DePuy ASR law firm, responds to court documents that show Dr. Thomas P. Schmalzried, who was on the design team for the now-recalled ASR, was also on the design team for DePuy’s Pinnacle, a hip implant often used during revision surgery to replace the ASR. The Rottenstein Law Group maintains the DePuy Recall News Center, which provides news and information on hip lawsuits and the DePuy hip joint recall.

Schmalzried was a defense witness for Johnson & Johnson subsidiary DePuy Orthopaedics, against which Carol Strum of Illinois filed suit (In Re DePuy ASR Hip Litigation, No. 10-L-10506, Cook County Circuit Court), alleging that she suffered from pain and disability as a result of receiving an ASR metal-on-metal hip replacement, according to Law 360.**

Schmalzried testified, according to Law 360, that he received at least $20 million in royalty payments from DePuy, both for his role in designing the ASR and for his role in implanting them in patients. He also testified that he had contributed intellectual property to the DePuy Pinnacle as well, so that he could potentially receive royalty income for implanting the ASR and for removing it and replacing it with a Pinnacle during revision surgery.

“These are important developments for the plaintiff’s counsel to explore,” said Rochelle Rottenstein, principal of the Rottenstein Law Group, commenting on what is the second DePuy ASR trial in the nation. “Carol Strum suffered from the ASR’s serious alleged side effects, and based on Dr. Schmalzried’s testimony his refusal to implant patients with a device he was involved in designing raises some serious questions about whether the ASR was ever fit to be sold and used.”

The Rottenstein Law Group encourages hip implant recipients to download an informational brochure from its website to learn more about DePuy ASR lawsuits and to speak with a DePuy hip lawyer.

The first trials in the federal multidistrict litigation (MDL-2197, U.S. District Court for the Northern District of Ohio) are set to begin later this year, according to the New York Times.*** DePuy recalled the ASR in August 2010.

*law360.com/productliability/articles/429627/depuy-hip-developer-says-he-wouldn-t-use-implant

**law360.com/articles/428423/husband-recounts-constant-pain-at-depuy-hip-implant-trial

***nytimes.com/2013/03/09/business/johnson-johnson-must-pay-in-first-hip-implant-case.html?_r=1&

About THE ROTTENSTEIN LAW GROUP

The Rottenstein Law Group is a New York-based firm that represents clients nationwide in mass tort actions. The firm was founded by Rochelle Rottenstein, who has more than two decades of experience as a lawyer, to represent clients hurt by defective medical devices and medications. (Attorney advertising. Prior results do not guarantee a similar outcome.)

Contact:
The Rottenstein Law Group, LLP
Rochelle Rottenstein, Esq.
321 W. 44th Street
# 804
New York NY 10036
(212) 933-9500 (office phone)
(212) 933-9980 (facsimile)
rochelle (at) rotlaw (dot) com
http://www.rotlaw.com

Related articles

• DePuy ASR Recall Lawsuit Update: Rottenstein Law Group Responds to ASR Hip Implant Designer Who Testified He Would No Longer Implant His Patients with the Device (businesslawdaily.net)
• Conflict of Interest of “industry experts” – Open letter from Dr Steve to Dr Frick… (earlsview.com)
• DePuy Hip Recall News: Second ASR Trial Begins, Rottenstein Law Group Reports (prweb.com)
• DePuy ASR Lawsuit Update: Toxicologist Testifies That Plaintiff Kransky Has High Levels of Metal in His Blood – Yahoo! Finance (earlsview.com)
• US Drug Watchdog Now Urges All DePuy ASR And Pinnacle All Metal Hip Implant Recipients To Get A Blood Test And To Call Them Before The Time Runs Out To Get Identified (prweb.com)
• DePuy ASR Hip Recipient Feared for His Life before Revision Surgery (earlsview.com)
• DePuy ASR Hip Lawsuit News: Plaintiff’s Attorney Alleges J&J Pursued Profits Over Safety; Asks for as Much as $180 Million in Damages (prweb.com)
• DePuy ASR Trial Update: J&J Engineer-Suggested Redesign Meant to Minimize Metallic Debris Never Implemented, Parker Waichman LLP Reports – SFGate (earlsview.com)
• RLG Responds to Report of Higher Metal-on-Metal Hip Replacement Failure Rates in Women (earlsview.com)
• J&J Feared Metal Backlash Would Hurt Hip Sales, Jury Told – Bloomberg (earlsview.com)