Earl's View » Smith & Nephew

GOOD NEWS —- Smith & Nephew Hip Lawsuit News: Illinois Federal Judge Rejects Preemption in Smith & Nephew Hip Replacement Case, Bernstein Liebhard LLP Reports – Watch List News

earlstevens58 — Thu, 25 Jul 2013 12:46:45 +0000

Smith & Nephew Hip Lawsuit News: Illinois Federal Judge Rejects Preemption in Smith & Nephew Hip Replacement Case, Bernstein Liebhard LLP Reports – Watch List News.

Smith & Nephew Hip Lawsuit News: Illinois Federal Judge Rejects Preemption in Smith & Nephew Hip Replacement Case, Bernstein Liebhard LLP Reports

July 24th, 2013

The Firm is currently investigating Smith & Nephew hip recall lawsuits on behalf of individuals who suffered metallosis, premature device failure and other complications allegedly associated with Smith & Nephew’s optional metal liner component for its R3 Acetabular Hip Replacement System.

New York, New York (PRWEB) July 24, 2013

A federal judge in Illinois presiding over a Smith & Nephew hip lawsuit has ruled that the Plaintiff’s claims of negligence and strict liability involving alleged quality control issues in the Birmingham Hip Resurfacing System may go forward, Bernstein Liebhard LLP reports. In an Order dated July 22nd, Judge Joan H. Lefkow of the U.S. District Court for the Northern District of Illinois rejected Smith & Nephew’s assertions that the claims were preempted by federal law. The Birmingham Hip Resurfacing System may be used with the optional metal liner component for the R3 Acetabular Hip Replacement System, which was the subject of a Smith & Nephew hip recall in June 2012.* (Tillman v. Smith & Nephew Inc., No. 1:12-cv-04977 (N.D. Ill.))

“We continue to hear from individuals who have suffered serious complications, allegedly due to Smith & Nephew hip replacements. We are encouraged by the decision in this case,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm is currently offering free Smith & Nephew hip lawsuit evaluations to patients who suffered serious complications, including metallosis and premature device failure, allegedly due to the recalled R3 metal liner component.

Smith & Nephew Hip Recall

The Smith & Nephew hip recall was announced in June 2012, due to the high failure rates associated with the optional metal liner component for the R3 Acetabular System. According to the Food & Drug Administration (FDA), the R3 metal liner is not cleared for use with the R3 Acetabular System, a total hip replacement system, but has been approved for use with the Birmingham Hip Resurfacing System.*

According to a report from Reuters, yearly revision rates among recipients of the recalled Smith & Nephew hip replacement device were above the rate Britain’s National Institute for Health and Clinical Evidence deems acceptable. Patients fitted with the device may be at risk for numerous complications, including infections, fractures and dislocations. However, Smith & Nephew has maintained that there is no evidence that the metal liner has caused metallosis, or increased metal debris in the body.**

Victims of serious complications allegedly associated with the Smith & Nephew hip recall may be entitled to compensation for their medical care, pain and suffering, and other damages. Additional information about filing a Smith & Nephew hip lawsuit is available at Bernstein Liebhard’s website. To arrange for a free, no obligation legal review of your case, please call 800-511-5092 today.

*fda.gov/MedicalDevices/ProductsandMedicalProcedures/ImplantsandProsthetics/MetalonMetalHipImplants/ucm241770.htm, FDA, June 1, 2012

**reuters.com/article/2012/06/01/us-smithnephew-hip-idUSBRE85010J20120601, Reuters, June 1, 2012

About Bernstein Liebhard LLP

Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past 10 consecutive years.

Bernstein Liebhard LLP

10 East 40th Street

New York, New York 10016

800-511-5092

ATTORNEY ADVERTISING. © 2013 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, 800-511-5092. Prior results do not guarantee or predict a similar outcome with respect to any future matter.

###

Contact Information:

Felecia L. Stern, Esq.

Bernstein Liebhard LLP

info(at)consumerinjurylawyers(dot)com

http://www.consumerinjurylawyers.com

For the original version on PRWeb visit: http://www.prweb.com/releases/smith-nephew-hip-recall/smith-nephew-hip-lawsuit/prweb10960667.htm

Smith & Nephew Hip Lawsuit News: Illinois Federal Judge Rejects Preemption in Smith & Nephew Hip Replacement Case, Bernstein Liebhard LLP Reports (prweb.com)
Smith & Nephew Letter (earlsview.com)
Biomet Hip Implants Alleged Poor Design Lead to Serious Problems (defectivehips.wordpress.com)
Stryker Hip Recall Claims Move Forward With Issuance of New Case Management Order in New Jersey Litigation, Bernstein Liebhard LLP Reports (prweb.com)
Smith And Nephew Unveils New Hip Device (smithnephewhip.wordpress.com)
$20 Million Lawsuit on Damages from Hip Replacement: Now, AttorneyOne… (prweb.com)
Increasing Number of Lawsuits for Smith & Nephew (debooramoore.wordpress.com)
Hip Resurfacing an Alternative to Hip Replacement (hothealthnews.wordpress.com)
Hip Replacement Recall (ehipreplacementrecall.wordpress.com)

Filed under: Birmingham Hip Resurfacing, Cobalt chrome, Cobalt Poisoning, Hip Replacement, Hip Revisions, Metal on metal hip, Smith & Nephew, Smith & Nephew BHR Problems, Smith & Nephew Hip Recall, Smith & Nephew R3 Hip Liner Recall, Total Hip Replacement Tagged: arthritis, Cobalt chrome, Cobalt poisoning, Food & Drug Administration, Hip Replacement, hip resurfacing, Illinois, Limited liability partnership, Nephew, Smith, Smith & Nephew

Just Remember it is all Your Fault!!!

earlstevens58 — Fri, 19 Jul 2013 22:09:18 +0000

Just remember patients, this is actually your fault!

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

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)

Filed under: Cobalt chrome, Cobalt Poisoning, Cobaltism, DePuy ASR Hip, DePuy Hip Litigation, Hip Replacement, Hip Revisions, Johnson & Johnson, Metal on metal hip, Total Hip Replacement Tagged: Australia, australian orthopaedic association, chromium levels, chromium toxicity, Herald Sun, Meet the Press, Necrosis, peak professional body, Smith & Nephew, Smith and Nephew, Sunday, sunday herald sun, Sunday Mail, Sunday Telegraph

Data show hip replacement revision rate low, though higher with metal-on-metal – Winnipeg Free Press

earlstevens58 — Fri, 19 Jul 2013 22:01:33 +0000

Data show hip replacement revision rate low, though higher with metal-on-metal – Winnipeg Free Press.

Data show hip replacement revision rate low, though higher with metal-on-metal

By: Helen Branswell, The Canadian Press

Posted: 07/18/2013 2:51 PM |

TORONTO – New Canadian data suggest that people who have a type of metal-on-metal hip replacement are more likely to need a revision within five years, but even then, the rate of revisions is low.

The data show that people who had large-diameter modular metal-on-metal implants had a 5.9 per cent chance of needing to have the implant replaced within five years, compared to a rate of 2.7 per cent among people who received the more common metal-on-plastic implant.

The data, released by the Canadian Institutes for Health Information, show that nearly three out of every four hip replacements logged into the Canadian joint replacement registry were metal-on-plastic units.

Metal-on-metal hip replacements made up only nine per cent of the procedures recorded in the registry.

Metal-on-metal units were introduced with great optimism a few years ago; the thinking was the replacement hips would be more durable and better for younger patients than the metal-on-plastic type.

But data from a number of countries have shown that hasn’t been the case for a small subset of people who received the units.

Canadian orthopedic surgeons took a more conservative approach to the metal-on-metal implants and it turned out to be the way to go, says Dr. Michael Dunbar, an orthopedic surgeon from Halifax and co-chair of the joint replacement registry.

“It was the right side of the street to be on, for sure,” Dunbar says.

“It was the fact of the matter that in the United States in the late 2000s almost 45 per cent of every male in the country (who got a hip replacement) got metal-on-metal. So this is why it’s such a big issue in the United States.”

Dunbar says the differences between the U.S. and Canadian situations underscore why it’s important to gather information on joint replacements. Currently the joint replacement registry is a voluntary one, and only captures a portion of the procedures done in the country.

Two provinces — British Columbia and Ontario — are moving to make it mandatory for these procedures to be recorded in the registry. But Dunbar wishes others would follow suit.

“We have a voluntary system and until recently we’ve been down around 50 per cent. We think that all implants should be registered because this is important. We’re spending the nation’s treasure on this stuff. This is a top health-care priority in Canada,” Dunbar says.

“We want to make sure we can deliver the very best product to the patients in our country. And we want to make sure that the money that we’re spending … is best spent for the most appropriate implant for the most appropriate patient.”

The report is based on nearly 60,000 hip replacements done across Canada between 2003 and 2011. Data from Quebec were not included.

Data show hip replacement revision rate low, though higher with metal-on-metal (globalnews.ca)
Metal on Metal Long Term Risks Confirmed (earlsview.com)
Products Included in the Ceramic Hip Replacement Recall (arthritis.answers.com)
Risks, Benefits and Recovery From Birmingham Hip Procedures (arthritis.answers.com)
Metal-on-metal hip implants more likely to need replacement (cbc.ca)
Risks and Rewards of Cemented Hip Replacements (arthritis.answers.com)
Hip Resurfacing an Alternative to Hip Replacement (hothealthnews.wordpress.com)
Understanding Hip Revision Surgery: A Medical Overview (orthopedics.answers.com)

Filed under: Cobalt chrome, Cobalt Poisoning, Cobaltism, Hip Replacement, Hip Revisions, Metal on metal hip, Total Hip Replacement Tagged: arthritis, Business, Cobalt chrome, Cobalt poisoning, DePuy, Health, hip, Hip Replacement, hip resurfacing, joint replacement, Medicine, science, Smith & Nephew, surgery, Technology, UNited States, Winnipeg Free Press

Smith & Nephew Letter

earlstevens58 — Fri, 19 Jul 2013 21:10:47 +0000

Comments from Howard

Here is the letter - Smith & Nephew Letter 5-6-2009

1. Smith & Nephew failed to include the probability that metal particles were caused from the components of the BHR rubbing against each other just from normal activity thus pseudo-tumors appeared causing loss of tissue and the pain and suffering that follows.

2. In many instances a Smith & Nephew representative was present in the OR during the procedure (unbeknown to most patients including myself) they were there to observe and answer questions: so Smith & Nephew should do less finger pointing to human error after all Smith & Nephew trained a core group of surgeons to perform the procedure ( by video ? )

3. the metal sensitivity is another finger pointing from Smith & Nephew for a reason the BHR may fail.

4. The PMA approval of the BHR had stipulations one of which Smith & Nephew was to continue investigations and reports as to the metal particle issue, where are these ????

5.This letter states the same as above comment as to studies and reports to have been provided by Smith & Nephew where are these documents ????

6.Smith & Nephew believe in the benefits of the BHR for young and active patients, there marketing promotes the BHR for older active folks. The little to no information I found in MAUDE regarding Smith & Nephews required reports used 18-21 year old patients. The data included told me nothing at all as to the above.

Had Smith and Nephew been candid as to their findings and their knowledge regarding the metal particle issue 1000′s of patients could have avoided pain, suffering etc. However market share and rate of return to Smith & Nephew’s investors would have suffered.

Respectfully

Howard Sadwin

Increasing Number of Lawsuits for Smith & Nephew (debooramoore.wordpress.com)
Smith And Nephew Unveils New Hip Device (smithnephewhip.wordpress.com)
Smith & Nephew Hip Lawyers Continue to Receive Complaints on Recalled Device (biomethipreplacement.wordpress.com)
Should I Invest in Smith & Nephew? (fool.com)
Hip Resurfacing an Alternative to Hip Replacement (hothealthnews.wordpress.com)
Smith & Nephew, Inc. v. Rea (Fed. Cir. 2013) (patentdocs.org)
Should You Avoid Smith & Nephew plc (ADR) (SNN)? (insidermonkey.com)
Medical Device Maker Agrees To $16.8M Penalty In Bribery Case (legaltimes.typepad.com)

Filed under: Hip Replacement Tagged: BHR, metal particle, metal particles, pain and suffering, Smith & Nephew, Smith and Nephew

Hillary’s Story – Resurfacing Nightmare

earlstevens58 — Sun, 26 May 2013 09:50:56 +0000

The following is a statement from Hilary Dingwall-Fordyce regarding the hip resurfacing she underwent in May 2007

In May of 2007 at the age of 55, I underwent a hip resurfacing procedure in the right hip with fitment of a Smith and Nephew BHR metal prosthesis at Claremont Surgical in Cape Town, South Africa. I had extensive and expensive rehabilitation and physiotherapy however I never fully recovered and have suffered endless problems as follow:

• In 2008, my leg became swollen and the doctor fearing a thrombosis injected me with blood thinning medication. I had a CAT scan which showed a bursar in the hip area which was collapsing the main vein – I then had a procedure to remove the liquid from the bursar but one week later the swelling returned. I was advised to see a vascular surgeon who admitted me to hospital and inserted 2 stents, the first one collapsing under pressure from the bursar.

• In 2009 my leg again became swollen another scan showed the bursar had become tumerous and was pushing the vascular bundle against my pelvic bone and the stent had collapsed. I was admitted to hospital where both orthopaedic and vascular surgeons operated – the stent being repaired and the tumerous mass being removed and the area around the prosthesis cleaned of debris. The tissue was found to contain metal debris and I was found to be suffering from metallosis and an infection around the prosthesis. I was put on a course of strong antibiotics to which I had a severe allergic reaction. I was told no further operation on my hip was possible until this infection was cleared. Since I can no longer afford the operation anyway I have not returned.

• From 2008, I was suffering from acute anxiety and depression which required hospitalisation and medication for several years.

• My one leg now being shorter than the other I have had stability and balance problems – unable to walk any distance because of pain and discomfort. I believe this instability also contributed to a fall in 2010 and a second fall in 2011 – this time breaking my ankle.

• Lately I have noticed a marked deterioration in my sight as well as short term memory lapses and confusion with time lines.

I had no idea that all my problems mentioned above must clearly stem from the BHR metal prosthesis in my body, until reading an article in a magazine.

I would like to point out that besides the pain, discomfort and constant worry about what would happen next to my hip and the constant reminder because of the “clunk-clunk” when I move in certain ways, the time and the expense has taken its toll and today I have been unable to find a job and have neither pension nor savings nor medical aid as I am effectively destitute all being used to pay for the endless medical bills since my hip replacement. I am now relying on my son for a living and am currently homeless, moving between various friends.

I approached a firm in South Africa who are involved in a class action against Du Puy. They agreed to add me to the action as I did not realise there were a number of manufacturers of these prostheses – however on investigation they discovered I was not fitted with a Dupuy prosthesis but a Smith and Nephew “Birmingham” prosthesis. I subsequently went on line to find out what was being done to assist people who are suffering from the failure and after effects of this prosthesis in a case against this manufacturer as is being conducted against Du Puy and Johnson and Johnson. I don’t see any cases being handled in South Africa and would like to ask your advice as to my next steps.

Smith and Nephew Hip Replacement LawyersSmith and Nephew Hip Replacement Lawyers (earlsview.com)
Hanna’s Story – another Smith & Nephew BHR tale of disaster (earlsview.com)
Reasons to Choose the Birmingham Hip Resurfacing Procedure (arthritis.answers.com)
Risks, Benefits and Recovery From Birmingham Hip Procedures (arthritis.answers.com)
Smith and Nephew: Motion to Consolidate | Smith and Nephew Hip Replacement LawyersSmith and Nephew Hip Replacement Lawyers (earlsview.com)
Daily Maintenance of Breast Prosthesis (breastcancer.answers.com)
Why Smith and Nephew Could be Culpable in the Courts (smithnephewhip.wordpress.com)
Smith and Nephew Hip Replacement Newsletter (earlsview.com)
Avascular Treatment: Preventing Further Bone Loss (arthritis.answers.com)

Filed under: Hip Replacement Tagged: anxiety and depression, blood thinning medication, Cape Town, cape town south africa, Cobalt chrome, Cobalt poisoning, Hip Replacement, hip resurfacing, Johnson, May 2007, metal debris, NephewSmith, Prosthesis, Smith & Nephew, Smith and Nephew, South Africa

Smith and Nephew Hip Replacement Newsletter

earlstevens58 — Sun, 05 May 2013 23:01:08 +0000

Smith and Nephew Hip Replacement Newsletter.

Smith and Nephew

Motion to Consolidate

Levin Papantonio has filed a motion to consolidate all Smith and Nephew R3 and BHR metal-on-metal hip implants in the state court of Tennessee in Shelby County.

Smith and Nephew metal-on-metal hip implants are currently affecting thousands of patients suffering from severe side effects across the United States. These devices are failing at a rate much higher than expected, posing serious health problems.

Smith and Nephew continued to market these products in disregard to reports that showed metal-on-metal hip implants failing at a higher rate than metal on polyethylene hip implants and causing excessive cobalt and chromium ions being released into the body.

Hanna’s Story – another Smith & Nephew BHR tale of disaster (earlsview.com)
Hip Replacement Lawsuit Website Launched by Bernstein Liebhard LLP to Provide Updated Information on Hip Replacement Recalls, Growing Metal Hip Implant Litigation (prweb.com)
Profits Drop 4% at Smith & Nephew (fool.com)
Conflict of Interest of “industry experts” – Open letter from Dr Steve to Dr Frick… (earlsview.com)
HUNGER STRIKE – Smith & Nephew BHR problems drive Paige to Ruin & Desperate Measures – HUNGER STRIKE (earlsview.com)
Profits Drop 4% at Smith & Nephew (dailyfinance.com)
Jury Awards DePuy ASR Victim $8.3 Million, Many More Likely to Come Says Anapol Schwartz Attorney (prweb.com)
Hip Resurfacing Procedures: A Viable Alternative to Hip Replacements (orthopedics.answers.com)
Introducing Hip Resurfacing: A Minimally-Invasive Alternative to Hip Replacements (prweb.com)
Emerging Markets Heat Up for Device Makers (dailyfinance.com)

Filed under: Cobalt chrome, Cobalt Poisoning, Hip Replacement, Hip Revisions, Metal on metal hip, Total Hip Replacement Tagged: BHR, Hip Replacement, Motley Fool, Nephew, NephewSmith, Smith, Smith & Nephew, Tennessee, UNited States

Paige’s Hunger Strike – cancelled on legal advice

earlstevens58 — Wed, 17 Apr 2013 13:01:36 +0000

Hi everyone

I took down Paige’s page earlier today at the request of her son as he advised that Paige had discontinued her hungers strike on legal advice.

Hopefully there is a solution in sight?

Cheers

Earl

Filed under: Cobalt chrome, Cobalt Poisoning, Cobaltism, Hip Replacement, Hip Revisions, Metal on metal hip, Total Hip Replacement Tagged: arthritis, Cobalt chrome, Cobalt poisoning, Hip Replacement, metal-on-metal hips, Smith & Nephew

Stuart Cain Reports – A Warning for all MOM Patients – It is NEVER over, and your health is never, ever going to be the same!

earlstevens58 — Sun, 17 Mar 2013 21:09:53 +0000

A Warning for all MOM Patients – It is NEVER over, and your health is never, ever going to be the same!

My apologies for not writing for some time! I have been following the progress of the many brave people who have been using Earl’s awesome blog and I continue to admire every one of you who have been able to speak up and even more so, those of you who are unable to share but use the site as a communication tool and information gathering service! I implore all of you to continue to speak out and seek answers, as I have found out (as has Howard, Bob, Brooks, Earl, Meg, Anna, Connie and so many others) these answers are often not there to be discovered, but if we all continue to push the medical world, the device manufacturers, governments and regulators, they may actually realise the importance of this and provide the funding to the researchers who are crying out for the opportunity to look into this terrible situation. My best wishes for 2013 to all, mine hasn’t started very well but I hope that the following will give each of you renewed vigour and the strength not to accept mediocrity in your treatment by the device manufacturers or the medical world!

Thanks to Johnson and Johnson/DePuy, Smith and Nephew and all the other companies that pushed MOM (Metal-on Metal) technology into the market place our lives will never be the same. Not only for the current issues that each and every one of us is experiencing, but for those that are going to continue to develop until we all die. I wanted to share with you my latest ‘issue’ and let it be a warning that there are darker days ahead for many of us who are yet to find out the true impact of what these implants and their associated ‘side-effects’ are doing to us.

I don’t know what each person was told, but I was assured that this ‘Rolls Royce’ of implants would allow me as a young person (37 at the time of implantation), to go back to my previous level of activity (with some obvious limitations) and that it would last longer than the alternatives. This was probably where the biggest mistake was made (apart from using the bloody thing in the first place). After 3 revisions of the hip, the insertion of a plate and 9 screws to hold my femur together and of course the painful rehab associated with this, I am now in a worse condition than I was before the initial implant. I know many of you will relate to this (30 operations now isn’t it Howard!). I almost wish the suspected infection that they thought was in my bone actually was there this week as even though it would suck, the treatment was possible! Unlike the ‘holding pattern’ I have been placed in whilst the medical world try to come up with why my health has deteriorated to the point that it has!

My ‘ASR experience’, as Johnson and Johnson/DePuy like to refer to it as, has come crashing down on me in the last week. After a rapid deterioration in my health over the last 2 months I had an x-ray which showed that not only had my 15 month-old fracture in my femur not healed (as it previously appeared to finally be), but it has now increased in size and ‘crossed’ over 2 of the screws in my femur. This has occurred during a month where I was virtually chair and bed bound as I had incredible pain, increasing fatigue without actually being able to sleep and couldn’t weight bear without a great deal of assistance. I had also developed intense pain in the foot on the opposite side to the implant, pain in my opposite shoulder and lower back. After a series of blood tests (to rule out infection), Nuclear Bone Scans and CT Scans, it is confirmed that I have ‘stress fractures’ in my foot and signs of developing fractures in my shoulder and lower back. No, I wasn’t in a car crash, these ‘fractures’ have developed ‘spontaneously’ as described by my surgeon. In his words: “how can an otherwise healthy individual (not counting my destroyed hip of course) develop stress fractures, especially when you haven’t been doing anything”.

In the absence of research and evidence (as no-one either has the funding or genuine interest, or if it has been done is too damning for us to see!) on the effects of Cobalt and Chromium toxicity on the body, my surgeon after seeing ‘some very interesting side effects’ in his other patients firmly believes that we are now starting to see the true effects of Cobalt and Chromium toxicity in the human body. He also notes that it is an interesting correlation between the higher levels of side effects in those people who were more ‘active’ after being implanted with a MOM device. I should note that my surgeon has never used any MOM technology as he felt when it was released that it wasn’t tested and investigated enough for not only its long term sustainability but also for the possible side effects that it may create. This was on the basis of research in the 1990’s and early 2000’s into the ‘wear’ of such devices and how there was little evidence of what this ‘wear’ might do to the patient. It is amazing that the very small number of surgeons, such as him, are now given almost ‘charlatan’ status now if they have the courage to speak out amongst their own colleagues about MOM implants, I am sure that Dr Steve may well appreciate this!

So now as I enter a new week of more doctors and tests, the ever-present company of pain, not being able to walk without crutches and the mental anguish of not only ‘not knowing’ where to turn from here, let alone what effect this is having on my wonderful wife and amazing family, I want all of you to be aware that there is so much more that none of us are aware of about the effects of MOM implants and as I have now experienced, the medical world have even fewer answers when it does happen! I even approached Johnson and Johnson/DePuy direct to see what they are doing about research into the effects of these devices, surprisingly they were more concerned about the multitude of pending legal cases than what these wonderful devices will continue to do to us patients as long as we live! I implore each and every one of you who have had a MOM implant (or your loved ones) to monitor your health with diligence, as I found out it isn’t just the area of concern (your implanted hip/s) that you need to consider, this poison can hit you anywhere! I should have known as part of my ‘initial’ raft of side effects was a very rare form of anaemia caused by of all things “heavy metal poisoning”, this is a systemic problem we all need to be aware of now. Please also remember, the removal of the offending device is not the ‘end of the road’ as far as your problems go, if you had a recognised toxicity to Cobalt or Chromium, or even one that wasn’t investigated, the damage has been done, we are all just waiting to see now how that damage presents to us all!

I would be very interested to hear from anyone else, who has had problems with either poor fracture healing after Cobalt/Chromium toxicity or of course the development of ‘random fractures’, I also encourage anyone who has had any as yet ‘unexplained’ side effects to please let us know as I would like to try to develop a data base of any side effects that have or may be attributed to Cobalt or Chromium toxicity. I have tried to see if such a list exists and I am yet to find one (please let me know if I have had a ‘boy look’ and missed it if it does indeed exist), although I suspect that as many of these effects are only now coming to prominence that a list would be inaccurate anyway. I would be very interested to hear if anyone has had any luck with any sorts of treatments (western or eastern medical, alternative or otherwise) to do with their complications from their MOM implant so that these can be shared to the wider group.

I hope that everyone has a better week! I am going to fight to get to the bottom of this in my circumstance as to be honest I am truly scared of where this might lead and I think my family have suffered enough through all of this without having to sit back and watch me slide even further into the mire of declining health! I am very aware that there are many of you out there in a worse position than me so please don’t think I am in any way diminishing your experiences, I can only imagine what you are going through and lend my support in any way I can! I am also determined that regardless of compensation payouts and court cases, that Johnson and Johnson/DePuy, Smith and Nephew and any other ethically challenged medical device manufacturer is truly held to account for what has happened to each of us and apparently what is continuing to happen to each of us! I encourage you to keep up the fight, share your experiences with us or at the very least seek answers to any questions regardless of what people (especially doctors who may have a reason (financial or conscience) to keep you in the dark) try to tell you, if you don’t believe them or have doubts about the answer/s you have been given look elsewhere until you are satisfied!

One final thought: “Hope is the essence of life, no-one can live without hope!”, this Buddhist quote is one that I wear (literally) around my neck every day, I think that we can all draw some strength from it as I believe it is vital to us all getting through this (although it has been sorely tested in the last couple of weeks!! J).

Take Care, Stuart Cain

Metal-on-metal hip replacement toxicity | NPS MedicineWise (earlsview.com)
FDA cracks down on all-metal hip replacements (earlsview.com)
Biomet M2a Metal Hip destroys 46 year olds life… (earlsview.com)
J&J Failed to Weigh Hip Metal Debris Risk, Witness Says – Bloomberg (earlsview.com)
Metal Debris in Patients’ Bloodstream is “Harmless,” J&J Toxicologists Say (earlsview.com)
J&J metal hip failed because of toxic debris -expert at trial | Reuters (earlsview.com)
Expert Witness Says Hip Implant Harmless (polymersolutions.com)
Metal hip patients ‘need annual checks’ – Health News – Filey and Hunmanby Mercury (earlsview.com)
Bullshit-R-Us …. J&J’s Toxicologist Says Metal From Recalled Hip Harmless – Bloomberg (earlsview.com)
J&J metal hip failed because of toxic debris – expert at trial | Reuters (earlsview.com)

Filed under: Cobalt chrome, Cobalt Poisoning, Cobaltism, DePuy ASR Hip, DePuy Hip Litigation, Hip Replacement, Hip Revisions, Johnson & Johnson, Metal on metal hip, Total Hip Replacement Tagged: chromium, chromium toxicity, Cobalt, Cobalt chrome, Cobalt poisoning, DePuy, DePuy ASR Hip, depuy hip recall, DePuy Hip Recall Litigation, DePuy Lawsuit, DePuy Orthopaedics, Earl, Health, Hip Replacement, hip resurfacing, hip revision, Johnson, Johnson & Johnson, metal, Metal on metal hip, Smith & Nephew

VICTORY FOR MoM Sufferer – Johnson & – Johnson Ordered to Pay $8.3 Million in Hip Implant Case – NYTimes.com

earlstevens58 — Sat, 09 Mar 2013 06:47:08 +0000

Johnson & – Johnson Ordered to Pay $8.3 Million in Hip Implant Case – NYTimes.com.

VICTORY & JUSTICE:

J.&J. Loses First Case Over Faulty Hip Implant

By BARRY MEIER

Published: March 8, 2013

A jury in Los Angeles on Friday ordered Johnson & Johnson to pay more than $8.3 million in damages to a Montana man in the first of more than 10,000 lawsuits pending against the medical products maker in connection with a now-recalled artificial hip.

The 12-member panel, however, declined to issue punitive damages, saying the company’s DePuy orthopedics unit, which made and marketed the all-metal device, did not act with fraud or malice. The implant, known as the Articular Surface Replacement, or A.S.R., was recalled in mid-2010.

In a statement, the company described the verdict as “mixed” and said that it planned to appeal the damage award. It disputed the finding by the jury that the A.S.R. was defectively designed.

It was impossible to say what the verdict, which came in a Los Angeles state court, would mean for other A.S.R.-related cases. A trial on a second lawsuit is scheduled to begin Monday in Chicago, with other cases expected to proceed later this year.

In its decision, the panel ordered Johnson & Johnson to pay the case’s plaintiff, a retired Montana prison guard, Loren Kransky, $338,000 to cover his medical expenses. It also ordered him to be paid $8 million to cover his pain and emotional suffering.

Some lawyers and industry analysts have estimated that the suits ultimately would cost Johnson & Johnson billions of dollars to resolve.

Thousands of the individual cases have been consolidated into a large proceeding in a Federal District Court in Ohio and a resolution of that action could provide a framework for settling the bulk of the cases and determining awards to patients.

The A.S.R. belonged to a class of once widely used hip replacements whose cup and ball components were both made of metal.

It 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 of the A.S.R. for use in the United States in standard hip replacements that used the same cup component as the resurfacing device.

However, the A.S.R.’s design caused the cup and ball to strike against each other as a patient moved, resulting in the shedding of metallic debris. That debris inflamed and damaged tissue and bone, causing pain and, in some cases, permanent injuries to patients.

Today, all-metal hips like the A.S.R. are rarely used by surgeons because most models suffered from similar problems. But data from orthopedic registries suggests that the A.S.R. was far worse than many competing products.

An internal Johnson & Johnson document introduced at the Los Angeles trial estimated that close to 40 percent of patients who received an A.S.R. will need to undergo a second operation within five years of the first to have the implant removed and replaced. In a recent filing with the Securities and Exchange Commission, Johnson & Johnson said that there are 10,750 A.S.R. lawsuits.

Traditional artificial hips, which are made of metal and plastic, are expected to last 15 years or more before needing to be replaced, and the normal replacement rate for early unexpected failures is about 5 percent after five years.

The lawsuit heard in Los Angeles was not originally scheduled to be the first over the A.S.R. but it was moved up because Mr. Kransky was found to have terminal cancer. Before the start of the Los Angeles trial, which began in late January, Mr. Kransky’s lawyers had not expected him to live through it.

Internal Johnson & Johnson documents that became public during the trial indicated that company executives were told by surgeons, who were also paid consultants to the device maker, that the design of A.S.R. was flawed. In addition, some surgeons also urged the device maker to slow sales of the implant or stop them completely, records show.

In the case, evidence was also presented that showed that Johnson & Johnson considered redesigning the A.S.R. to reduce its problems, but then abandoned the project because the implant’s sales did not justify the costs of the redesign. One of the DePuy executives involved in that decision was Andrew Ekdahl, who now heads Johnson & Johnson’s orthopedics division.

Johnson & Johnson executives like Mr. Ekdahl have said throughout the A.S.R. episode that they acted responsibly and moved to recall the device in 2010 when data from an orthopedic registry in Britain showed that its failure rate was higher than normal.

Before reaching its verdict Friday, the jury that heard Mr. Kransky’s case deliberated for more than five days. Mr. Kransky’s lawyers, citing what they described as the unethical behavior of DePuy executives in failing to warn doctors and patients of the device’s defects, asked jurors to punish Johnson & Johnson by awarding their client $36 million to $144 million. Jurors declined to do so.

Nonetheless, lawyers representing Mr. Kransky hailed the verdict.

“This is a victory for Mr. Kransky and thousands of other badly damaged A.S.R. patients who have yet to get their day in court,” Brian Panish, one of Mr. Kransky’s lawyers, said in a statement. “Jurors across the country will return similar verdicts until J.&J. takes full responsibility.”

A DePuy spokeswoman, Lorie Gawreluk, said in the company’s statement that it planned to appeal Friday’s verdict, contending that the A.S.R.’s design was not defective.

The Hip Replacement Case Shows Why Doctors Often Remain Silent – NYTimes.com (earlsview.com)
Damages awarded in J&J’s DePuy hip implant case (wfaa.com)
Parker Waichman LLP Weighs-In on $8.3 Million Verdict in DePuy ASR Hip Implant Trial (prweb.com)
Johnson & Johnson to award security guard $8.3m over faulty implant (guardian.co.uk)
Recalls-R-US… Johnson & Johnson Confirms Inquiry Into Hip Devices – NYTimes.com (earlsview.com)
DePuy ASR Hip Replacement Implant Lawsuit Trial Raises Questions About Johnson & Johnson’s Actions in Years Prior to DePuy ASR Hip Replacement Recall, According to Alonso (prweb.com)
Johnson & Johnson Pays Out $8 Million In Lawsuit (huffingtonpost.com)
Jury awards damages in Johnson & Johnson hip case (kfwbam.com)

Filed under: Cobalt chrome, Cobalt Poisoning, Cobaltism, DePuy ASR Hip, DePuy Hip Litigation, Hip Replacement, Hip Revisions, Johnson & Johnson, Metal on metal hip, Total Hip Replacement Tagged: Chicago, Cobalt chrome, Cobalt poisoning, DePuy, DePuy ASR Hip, DePuy ASR™ Hip Resurfacing System, depuy hip recall, DePuy Hip Recall Litigation, DePuy Lawsuit, DePuy Orthopaedics, FDA, Hip Replacement, Johnson, Johnson & Johnson, Kransky, lawsuit, Los Angeles, metal, Metal on metal hip, metal-on-metal hips, metallosis, New York TImes, science, Smith & Nephew, UNited States

Metal on Metal Hips – New Video • Lampkin & Co Solicitors

earlstevens58 — Tue, 05 Mar 2013 21:24:13 +0000

Metal on Metal Hips – New Video • Lampkin & Co Solicitors.

Metal on Metal Hips – New Video

Posted by Lampkins Admin on Mar 5, 2013

Metal on Metal Hips – Understanding the Problems

We have released a new information video to help people understand the problems associated with the failure of their Metal on Metal Hip implants.

Watch our information video

In this video, we use animated graphics to illustrate what happens inside the body when the Metal on Metal Hip implant begins to fail. We’ve aimed at making it easy to understand and Mark Lampkin talks about the problems and how they can cause various issues throughout the body without any unnecessary medical or legal language.

Lampkin & Co Solicitors are leading the way on legal action in the UK regarding Metal on Metal Hip products that are failing and we are now representing a cohort of over 100 clients.

Many of our clients had heard about problems with Metal on Metal Hip Replacements but were not sure exactly what was happening. It’s estimated there could be around 50,000 people affected in the UK so we are quite sure there will be thousands more patients in the UK that don’t fully understand the problems and thus, the potential harm to their health.

If you’ve had or know someone that has had a Metal on Metal Hip procedure after 2004, contact us for advice. You can download our fact sheet on our Metal on Metal Hip page.

Please help spread the word so other sufferers can be helped – feel free to share this page via email, Facebook or Twitter.

These posts may also be of interest

High Failure Rate For Metal-On-Metal Hip Implants
Lampkins offering advice following widespread concern as research confirms high failure…
Metal Hip Implant Patients Need Life Long Checks
Lampkins specialist legal team already representing metal hip implant patients ahead…

Inportant information about legal action on metal hip – originally posted – implantsinfo@metalhipproblems.co.uk (earlsview.com)
Smith & Nephew Hip Implant Patient Diagnosed with Metallosis (earlsview.com)
FDA cracks down on all-metal hip replacements (earlsview.com)
Metal-on-metal hip implant risks ‘unique’ – Health – CBC News (earlsview.com)
Safety Communications FDA Safety Communication: Metal-on-Metal Hip Implants (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 Trial – Closing Arguments – Trial plaintiff says J&J hips defective, company says not liable (earlsview.com)
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)
Smith & Nephew Failure Warning for Birmingham Hip Implant (earlsview.com)
J&J gambled on hip implant safety, lawyer alleges – latimes.com (earlsview.com)

Filed under: Cobalt chrome, Cobalt Poisoning, Cobaltism, Hip Replacement, Hip Revisions, Metal on metal hip, Total Hip Replacement Tagged: Cobalt chrome, Cobalt poisoning, DePuy, DePuy ASR Hip, DePuy Hip Recall Litigation, DePuy Lawsuit, DePuy Orthopaedics, Food & Drug Administration, hip, Hip Replacement, Johnson, Medicine, metal, Metal on metal hip, metal-on-metal hips, metallosis, NephewSmith, Smith & Nephew, surgery, UNited States

Earl's View » Smith & Nephew

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Smith & Nephew Hip Lawsuit News: Illinois Federal Judge Rejects Preemption in Smith & Nephew Hip Replacement Case, Bernstein Liebhard LLP Reports

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VICTORY FOR MoM Sufferer – Johnson & – Johnson Ordered to Pay $8.3 Million in Hip Implant Case – NYTimes.com

VICTORY & JUSTICE:

J.&J. Loses First Case Over Faulty Hip Implant

By BARRY MEIER

Published: March 8, 2013

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Watch our information video

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