January 31, 2011

Republicans’ selective constitutionalism as applied to the civil justice system exposed in recent article

A recent article by Ken Connor for the Center for a Just Society addresses the selective constitutionalism that Republicans apply to the civil justice system. Mr. Connor described how the civil justice system has been the victim of a vicious public relations battle, demonizing lawyers and ridiculing jurors. Special interest groups, including insurance companies, drug companies, and big business cartels have forcefully pursued inhibiting legislation through state and federal legislators, urging them to enact laws that carry out the agendas of special interests, without regard to civil rights. The efforts on behalf of the special interest groups often propose legislative fixes that appear to be aimed at increasing the fairness of the judicial process and lowering the cost of health care. However, they often include artificial caps on damages, draconian limits on liability, and shortened periods of time in which suits may be filed. In reality, these measures are aimed at insulating the wrongdoers – often the special interest groups – from full accountability for their wrongful actions, product liability, and negligent behavior. At the same time, they prevent injured persons from obtaining sufficient and just compensation for their suffering.

Mr. Connor pointed out that it is the Republican Party is often leading the charge for the civil justice system reform. Most recently, Republicans Phil Gingrey and Lamar Smith have proposed HR 5 or the HEALTH Act, which Mr. Connor calls an affront to the Bill of Rights that would result in the imposition of a federally imposed, special-interest driven emasculation of fundamental constitutional rights. The HEALTH Act of 2011 is actually the same exact bill that was passed by the House of Representatives in 2005.

To read more about the bill for “civil justice reform,” visit the Center for A Just Society website.

January 28, 2011

DePuy hip implant recall leads to millions set aside for potential settlements

When Johnson & Johnson recently announced its earnings for this quarter earlier this week, an important point highlighted was that it included a charge of $922 million to cover DePuy hip recall litigation costs and potential product liability lawsuit settlements. Following last year’s DePuy hip replacement product recall, Johnson & Johnson and their subsidiary DePuy Orthopaedics face an increasing number of product liability lawsuits over DePuy ASR hip replacements. The DePuy hip implants were linked to a higher than usual failure rate within a few years of the implant, often requiring additional revision surgery.

Johnson & Johnson’s recent earnings report demonstrated a significant drop and his earnings were greatly affected by the DePuy hip recall litigation set aside. The set aside amount of almost $1 billion will cover only some of the company’s anticipated DePuy hip lawsuit settlement costs, litigation defense expenses, and other DePuy hip recall costs. It is expected that thousands of cases will be involved in the product liability litigation as DePuy hip recall lawyers continue to investigate claims and file new claims for individuals who received one of the defective hip implants. Experts estimate that the drug company will eventually have to pay out much more than the $922 million it set aside to address the claims filed by people who face a risk of DePuy hip complications.

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January 27, 2011

Jury awards $1 million dollar nursing home wrongful death jury verdict

A jury recently awarded the family of a Midwestern woman more than $1 million dollars in a nursing home wrongful death lawsuit against a nursing home. The retirement village nursing home was found liable for the death of a 69 year-old Midwest woman who died after a fall at the nursing home. Her husband and her sons were awarded over $1 million dollars in a verdict by the jury last week. According to the wrongful death plaintiff’s attorney, the victim’s husband and two sons are devastated by the wrongful death. The couple had been married for more than 30 years. Specifically, the jury ruled that the wrongful death victim was negligent and had violated the state’s Patient Bill of Rights.

What is incredibly tragic is that the wrongful death victim’s stay at the nursing home was only meant to be temporary; she was sent to the nursing home for rehabilitation after back surgery in 2006. She was suffering from anemia in addition to a urinary infection at the time of her fall at the nursing home. Both of the conditions are reported to have contributed to the victim’s confusion, making it difficult for her to follow instructions. The wrongful death victim fell after she arose out of bed, striking her head and fracturing her wrist and hip. She died only a week later.

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January 25, 2011

Illinois trial attorneys Steven M. Levin and Michael F. Bonamarte IV comment on punitive damages case

The Chicago Daily Law Bulletin recently asked experienced Illinois nursing home abuse attorneys Steven M. Levin and Michael F. Bonamarte IV of Levin & Perconti to weigh in on a punitive damages case before the Illinois Supreme Court. The issue before the Illinois Supreme Court involves whether punitive damages are available under Illinois’s Nursing Home Care Act and follows the filing of a complaint in Winnebago County against Alden Park Strathmoore, Inc. for damages arising out of the plaintiff’s mother’s care at the Illinois nursing home prior to the elder woman’s death.

The first two counts of the Illinois nursing home abuse complaint sought compensatory damages under Illinois’s Nursing Home Care and Wrongful Death acts, but the third count is the one that has incited debate. The third count was a survival action under the Illinois Nursing Home Care Act and included a request to reserve the right to seek punitive damages for the defendant’s alleged willful and wanton conduct. The legal argument countered by the nursing home defendant was that the plaintiff’s reservation of the right to seek punitive damages did not survive the elder woman’s death.

The question, that faces is the Supreme Court of Illinois, is whether common law punitive damages are available in an action brought by the personal representative of the estate of a deceased nursing home resident based on the Survival Act for willful and wanton violations of the Nursing Home Care Act which caused injuries that ultimately claimed her life. Chicago nursing home neglect attorneys Steven M. Levin and Michael F. Bonamarte IV, on behalf of the Ilinois Trial Lawyers Association, filed an amicus brief in support of the nursing home abuse lawsuit plaintiff. Steve Levin, who has advocated for nursing home abuse victims for more than 25 years, stated that this is a crucial safety rule and it is “an important principle that our most vulnerable citizens need.”

Read more about the impending Illinois nursing home damages ruling at The Chicago Daily Law Bulletin.

January 24, 2011

Illinois law firm announces record medical malpractice lawsuit settlement

RedOrbit.com recently announced a record-breaking Illinois county medical malpractice lawsuit settlement. The largest medical malpractice settlement ever reached in Iroquois County, Illinois was reached when the Illinois plaintiff was awarded $1 million. An Illinois medical malpractice law firm assisted in obtaining the largest medical malpractice settlement in the Illinois county. The Illinois plaintiff is a 61 year-old female who visited her primary care physician in April 2008 when she had pneumonia-like symptoms. But, her Illinois physician neglected to disclose to the plaintiff that she had a presence of a mass demonstrated on her chest X-ray. Plus, her physician did not call the Illinois plaintiff for any follow-up testing.

Due to the Illinois physician’s act of delayed diagnosis, the plaintiff’s lung cancer was not identified until approximately 22 months after her initial visit. At the time of her first visit, the plaintiff had a mass on her chest X-ray. By the time the plaintiff’s lung cancer was identified, her cancer had progressed to Stage IV lung cancer.

Delayed diagnoses, like the one in this plaintiff’s case, are among the most common Illinois medical malpractice claims. When a healthcare provider delays diagnosis, they put patients at risk for serious complications or death. Unfortunately, in this situation, the 61 year-old plaintiff was unaware of the severity of her cancer until 22 months after her initial doctor’s visit. Treatable problems, when diagnoses are delayed, can escalate and become much more serious if not addressed early.

Visit RedOrbit.com to read more about the Illinois medical malpractice settlement.

January 22, 2011

ITLA President explains that courts are a deterrent to corporate misconduct

A recent Letter to the Editor by Illinois Trial Lawyers Association (ITLA) President appeared in the The State-Journal Register. In the letter, ITLA President Todd A. Smith responded to recent letters to the editor that Travis Akin and Ed Murnane, spokespeople for anti-consumer groups/big insurance front groups, bombarded papers with. Mr. Smith described that Akin and Murnane had bombarded the newspaper with hyperbole and fabrications about the Illinois civil justice system and had quoted bogus “studies” in their recent Letters to the Editor. Akin and Murnane often blame our bad economic times on Illinois personal injury lawsuits and Illinois medical malpractice lawsuits, neglecting to focus on the state of Illinois’ budget crisis, the rocky national economy, and the global recession. Rather, Mr. Smith points out that it seems that Murnane’s and Akin’s problem with Illinois is Illinois citizens’ exercising their right to seek justice.

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January 22, 2011

Broken hip related to heightened risk of stroke

Recent news about hips have addressed DePuy Hip Implant recalls, but this article and research study is about a different issue regarding broken hips. So, medical studies have demonstrated that suffering a stroke is already known to increase the risk of breaking one’s hip. Now, new research hints that the reverse of the previous studies might also be true. A recent study has found that individuals with broken hips had more than a fifty percent increased risk of having a stroke within a year of their injury when compared to similar patients with no such fractures. However, the new research finding is not enough to be one hundred percent certain that hip fractures, which account for greater than 320,000 hospital admissions each year in our country, may actually cause a stroke. This finding has important ramifications as the nation’s third leading cause of death.

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January 20, 2011

Dosing errors prompt updated morphine label

MedPage Today recently reported a change in labeling on a newer morphine product due to serious medication dosing errors. The Food and Drug Administration (FDA) and the maker of a highly potent oral morphine sulfate solution have warned healthcare professionals of potential accidental overdosing issues and have updated drug labeling in order to minimize potential patient risk. Accidental overdosing of the morphine solution resulted in serious adverse events and wrongful deaths. In most of these cases, morphine sulfate oral solutions ordered in milligrams were mistakenly interchanged for milliliters of the product.

Before the FDA and manufacturer-precipitated labeling change, the company had marketed a morphine sulfate oral solution with the strength expressed as 20 mg/mL, using a container label and carton labeling that had brown lettering on white background. The new labeling is intended to reduce the risk of medication dosing errors. The updated labeling includes: a box warning that specifies when the product should be used, a dose strength that deemphasizes the concentration and minimizes confusion over the ratio, a bright yellow background to distinguish the higher-strength morphine solution, a white-lettered-on-red-background name, strength, and concentration, and a reminder for pharmacists to include a medication guide with prescriptions of the drug. A warning letter issued by the pharmaceutical company also included prescribing instructions for healthcare professions, which emphasizes the updates. The FDA approved the high-concentration morphine last year in January 2010 for patients with moderate-to-severe acute and chronic pain and for patients in end-of-life care. Hopefully, the dosing errors decrease with the updated morphine labeling.

Read more about the updated morphine labeling by visiting the MedPage today website.

January 19, 2011

Action Alert: contact your reps to oppose repeal of Health Care Reform

The momentous health care reform act passed last year is in jeopardy. Contact your representative now to oppose repeal of the Affordable Care Act (health care reform). The House of Representatives is expected to vote TODAY to repeal the Affordable Care Act. As you know, this law is especially important to nursing home residents, nursing home neglect advocates, and families of those in nursing homes. The Health Care reform law contains numerous provisions to improve nursing home transparency and quality, prevent elder abuse, and expand access to home and community-based services. Please contact your representatives now and urge him or her to oppose the repeal of the Affordable Care Act! Personal stories have tremendous impact, so feel free to share your personal story with your representative. Do you have a family member in a nursing home? How will the Affordable Care Act affect you personally?

To phone your representative, you can call the United States Capitol switchboard at (202) 224-3121. Ask for his or her office when the operator answers. You can obtain e-mail addresses for your representatives by visiting the House website (www.house.gov). Enter your zip code in the place provided at the top of the page and the link will take you to the member’s website and contact information. If the switchboard is jammed with calls, e-mail may be the best option. When calling your representative, some talking points include the following:

“My name is [__________________]. I/my organization represents nursing home residents and others who receive long-term care in Representative ________’s district. Please ask Representative ________ to vote AGAINST the repeal of the Affordable Care Act. The law makes nursing homes safer and more accountable for the quality of services that they provide to people. The Act also helps the elderly and people with disabilities remain independent in their own homes and stay out of nursing homes. Please oppose the repeal of health care reform.” Then, you can add your own personal stories.

Watch for more alerts and information on leaving the Affordable Care Act in place at the Consumer Voice website.

January 17, 2011

Cruise passengers sickened

Travel woes recently were increased after a report of illness on a popular cruise ship. A “Radiance of the Seas” cruise ship returned after six days at sea on a bad note when a number of guests became ill with what the company is calling a “gastrointestinal illness.” One of the guests reported to MyFox.com that nobody wants to know the details because it is horrible. She and her sister both came down with the illness and despite getting sick, they disclosed that the cruise ship company did an excellent job handling the situation. Passengers reported that the crew handled the illnesses very professionally. After a slight outbreak of illness, the cruise ship needed to be thoroughly cleaned, which meant a five-hour delay for individuals expecting to go out on the next cruise.

The cruise ship released a statement stated that the ship was undergoing “enhanced sanitation,” which delayed the next ship’s departure. According to the Center for Disease Control (CDC) website, the Radiance of the Seas cruise ship was the first cruise outbreak of 2011 and the causative agent is still unknown. 150 passengers of 2336 on board reported being ill during the voyage and three of the 851 crew reported being ill. The predominant symptoms were diarrhea and vomiting. Last year, eight cruise ships had illness outbreaks on board due to Norovirus; several more were unknown.

Information about cruise line outbreaks since 1994 is available at the Center for Disease Control’s website on outbreak updates.

More information about the Radiance of the Seas voyage where passengers became ill is available at MyFox.com.

January 16, 2011

$2.2 million penalty issued against football team physician

Recently, an arbitration panel found that a football team doctor was negligent when he performed hip surgery on the plaintiff in May 2007 and awarded the former patient a $2.2 million dollar medical malpractice lawsuit settlement. The plaintiff alleged that the physician lacerated the plaintiff’s femoral artery, vein and nerve, resulting in chronic pain and a limp. The medical malpractice lawsuit was filed in November 2008 and became the latest in a series of legal problems for the team physician.

This was not the first medical malpractice incident that the team physician was involved in. For example, in 2009, the physician reached an undisclosed settlement with a patient who sued him and other healthcare providers after a botched knee replacement surgery. Court documents state that defendants’ carelessness required amputation of his right leg. The physician has been sued twenty times since 1998 by patients alleging medical malpractice, personal injury, negligence, or fraud. Sign On San Diego reported that at least eight of those lawsuits have been settled with payouts to the plaintiffs – many of which were undisclosed.

Additionally, documents show that this team doctor has also had encounters with federal authorities. Last year, federal drug enforcement authorities searched the team doctor’s office and alleged that he had written 108 prescriptions with himself listed as the patient. Such a practice is not legal. The physician responded that he was not at fault, but rather, the allegations stemmed from clerical errors. A Drug Enforcement Administration spokesperson responded that the investigation remains ongoing.

To read more about the malpractice claims against the team doctor, visit Sign On San Diego.

January 14, 2011

Darvocet recall proves that FDA needs better drug safeguards

The United States Food and Drug Administration (FDA) issued a massive request last month when it requested that the manufacturers of propoxyphene, known as PXP, a pain reliever, to stop selling drugs that contain PXP. PXP was introduced in 1957 under the trade name of Darvon. Derivatives of Darvon, including Darvon Compound and Darvocet, quickly followed and added other analgesics to the parent drug. When the product recall occurred, an estimated 10 million Americans took drugs containing PXP. Alone, PXP was not very effective in pain-relief and seemed to have an addictive risk.

The Darvocet product recall came after reports that PXP could cause dangerous disturbances in heart rhythm. Individuals critical of PXP have argued for over 20 years that the recalled drug was unsafe for many reasons. The FDA vote was 14-12, reflecting the controversy surrounding the issue. The United Kingdom and the European Union had already banned PXP sales several years prior to the recall. PXP is not the only recently recalled drug with suspected cardiac side effects. In September 2004, Vioxx was recalled based upon heart problems that appeared after 18 or more months of use of the drug. This product recall was despite a spirited defense by its manufacture that the drug was safe. And since that, the FDA has issued new warnings of cardiac risks associated with diabetes drug Avandia. Again, the panel reviewing the dangers of Avandia was deeply divided over whether to withdraw or restrict use of the agent.

While the FDA conducts extensive review of all laboratory and clinical studies to assess the safety of new drugs, the agency depends on the integrity of scientists who conducted the original studies. The FDA unfortunately does not have the capacity to test new drugs independently. The agency must consider other options to review drugs and avoid subsequent product recalls.

Read more about the need for better product safeguards by following the link.

January 13, 2011

Illinois attorney general urges no more sales of crib bumpers

The State of Illinois’s attorney general Lisa Madigan recognizes the suffocation risk that crib bumpers pose to infants and is urging the trade group that represents makers of baby products to tell its members to stop manufacturing and selling crib bumpers. Federal regulators have begun to examine the safety of bumper pads in response to a Chicago Tribune investigation last month. Federal regulators are now reopening cases where babies have died from suffocating against the dangerous crib bumpers. Illinois attorney general Lisa Madigan announced that she wants to be proactive and wants to halt the manufacture and sale of the bumper pads so that the babies are not unnecessarily exposed to potentially dangerous products while the United States Consumer Product Safety Commission is working on completing its investigation.

Illinois deputy chief of staff for the attorney general stated that allowing dangerous products to be purchased while known to be unsafe is a recipe for disaster, putting babies at risk. This is why Illinois attorney general Madigan’s office sent a letter to Juvenile Products Manufacturers Association asking the trade group to direct its members to stop making and selling bumper pads, which wrap around the inside of a crib and tie to crib slats. Babies subject to this can suffocate because they lack the motor skills and strength to turn their heads if they roll against a pad that blocks their breathing.

Madigan stressed the importance of the request because product recalls are often ineffective in alerting parents to hazards. She wants to stop the hazardous products before entering homes in the first place. An example pointed out was the drop-side cribs, which were recalled as early as 2007. However, only last month did the Consumer Product Safety Commission ban cribs altogether with the drop-side cribs. Officials are concerned that parents were allowed to purchase faulty cribs for several years and many people likely continue to use them.

Follow the link to visit the Illinois attorney general webpage that explains the crib safety alert.

January 11, 2011

Alden Village North Cited By State After Young Girl's Death

The Chicago Tribune reports that a 14-month-old girl died in July 2010 as a result of negligence at Alden Village North, a facility in Chicago that cares for young adults and children with developmental disabilities. According to the article, the Illinois Department of Public Health cited the facility for a number of violations surrounding her death and the care of other children living in the facility.

The IDPH investigation found that the nursing home staff failed to contact the young girl's physician in a timely manner after a test revealed that she had MRSA on July 3. Her doctor did not receive her test results for two days, and when she was finally taken to the hospital, it was too late. She died from complications related to the infection.

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January 11, 2011

Photographer loses part of ear to dog bite

Lawyers and Settlements recently reported that a photographer lost part of her right ear due to a dog bite injury last year. The dog bite injury required her to completely amputate her right ear and she has required reconstructive surgery. A dog bite injury lawsuit was filed at the end of November states that the victim was working a dog show at a county fairgrounds in January 2010, which was hosted by the county dog fanciers association. The dog bite personal injury lawsuit was filed against the dog’s owner, not against the county dog fanciers association. The personal injury lawsuit alleges that a dog attacked the victim without provocation while she was working the show.

The injured resident claims that a significant portion of her right ear, almost 4 centimeters, was ripped off during her dog bite personal injury. After the amputation, the dog bite injury plaintiff required reconstructive surgery. The dog bite injury lawsuit seeks more than $25,000 in damages against the dog’s owner.

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January 10, 2011

Illinois train vs. vehicle crash deaths rose in 2010

ChicagoBreakingNews.com reported that Illinois train-vehicle deaths and pedestrian accidents at public railroad crossings increased in 2010 according to safety officials. Seventeen fatalities were reported between January 2010 and November 2010 at Illinois rail crossings and 10 deaths of pedestrians hit by trains. Last year’s tragic numbers reversed a recent downward trend in collisions. Ten fatalities involving train-versus-vehicle crashes occurred statewide in all of 2009 when there 15 in 2008, 16 in 2007, and 18 in 2006 and 2005.

Last year, the ten fatalities of pedestrians hit by trains attempting to cross tracks was the highest number since 2007. The trends were also upward for train-vehicle collisions involving both Illinois personal injuries and deaths. Officials estimate that collisions totals will be 125 to 130 in 2010 when all of the train-versus-car accidents are tallied.

This week, officials launched an attack against the rising numbers. Heart-tugging public service videos are now airing to push public attention to the problem. The administrator of the Federal Railroad Administration reported that the public service videos are aimed to shock the public into being more cautious near trains and railroad crossings. He explained that train crossing accidents are a nightmarish experience for locomotive engineers and other members of the train crews, leaving an indelible mark on the hard working engineer’s psyches and souls.

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January 8, 2011

Radiation therapy renders Illinois medical malpractice victim nearly comatose

While the initial accident report merely described that a hospital had administered radiation overdoses to three patients, a more complete and detailed report has since surfaced in the months following. Urgent nationwide warnings advised physicians to be extremely vigilant when treating with a device delivering high-intensity pinpoint radiation to vulnerable parts of the body. These nationwide warnings followed three incidents of Illinois medical malpractice.

One of the Illinois medical malpractice victims had gone to Evanston Hospital seeking treatment for pain from a nerve deep inside her head. Now, after being treated with stereotactic radiosurgery, she is in a nursing home, nearly comatose, unable to speak, eat, or walk and leaving her husband to provide the sole care for their three young daughters.

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January 7, 2011

Product liability victim files shareholder proxy for drug company’s meeting

One man is trying to get to the heart of the problem of Floxin, a drug that caused him serious side effects. The product liability victim suffered permanent tendon and nerve damage from Floxin and has since acted as an advocate for a complete Levaquin withdrawal. To accomplish this, the product liability victim filed a shareholder proxy for Johnson & Johnson’s, the drug manufacturer’s, next annual meeting. He bought a share of Johnson & Johnson’s stock so that he would be able to attend its annual shareholder meeting and ask the shareholder to: (1) discontinue the sales incentive program for selling Levaquin and Floxin so that they can tell the truth about its toxicity and (2) add to the Levaquin label that side effects include permanent delayed reactions can lead to chronic pain and that medication should be stopped at the slightest sign of reaction.

The product liability victim bought additional Johnson & Johnson shares in order to file a Shareholder Proxy for the next Annual Meeting for shareholders. He stated that he wants them to vote on forcing the company to put a warning on the Levaquin label, stating that it may cause permanent tendon and nerve damage with permanent pain.

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January 5, 2011

New management for troubled Chicago nursing home

Last fall, there was an investigation into Illinois nursing home abuse at the Chicago Alden nursing home known as Alden Village North. Last month, the Chicago Tribune reported that Alden is continuing to make changes to address the concerns. In the fall, the Chicago Tribune investigated Alden North and found alleged nursing home abuse incidents where explicit instructions for the care and safety of Chicago nursing home patients were not followed or undertaken poorly. Allegations also included severe short staffing. Alden Village North was found by the Chicago Tribune investigation to have earned state citations for Illinois nursing home neglect or for failure to fully investigate after 13 children and young adults had died at the facility since 2000. It is noted that Alden is not the original owner of the facility and did not acquire it until 2008; however, seven of the deaths occurred after Alden acquired the Illinois nursing home. Plus, eleven additional Chicago nursing home residents died since 2008. These recent nursing home deaths have not resulted in citations. At least one of the nursing home deaths did result in an Illinois wrongful death lawsuit.

In the recent Chicago Tribune article, Alden North’s steps at improvement were addressed following the reports of Chicago nursing home abuse. Alden Village North is now under the guidance of a new administrator, additional staff has been hired, and existing employees are being retrained. Chief Operating Officer of the Alden nursing home chain stated that they are looking at everything critically.

Visit Lawyers and Settlements to read more about the Chicago nursing home’s new management.

January 4, 2011

More DePuy faulty hip lawsuits filed

Another DePuy hip lawsuit has been filed and more are likely to join it as DePuy patients experience failure of their faulty DePuy hip implant device. Most recently, the DePuy product liability lawsuit was filed on behalf of a man who received one of the DePuy Orthopaedics hip devices that was eventually subject to the product recall. The DePuy hip implant lawsuit requests that the defendants pay the cost of removing the faulty DePuy hip device and further requests that defendants cover all consequential damages caused by the DePuy hip implant.

The DePuy hip implant plaintiff alleges that the defendants knew or should have known about the defective hip implants. The patient received the hip implant in April 2009, roughly sixteen months before the DePuy ASR hip implants were recalled due to a high failure rate. What prompted the recall is the short life of the hip implants – although most hip implant devices are expected to last 15-20 years, around 12 percent of patients receiving the DePuy ASR hip implant experienced failure in less than five years. Failure like these often require revision surgery and each revision surgery is more complex than the last and carries a higher risk of complications. Further complicating these revision surgeries is that debris can come loose from the DePuy hip device and can be absorbed by surrounding tissue. The condition, called metallosis, can cause the surrounding tissue to die and can lead to the failure of the hip implant. Product liability lawsuits filed so far have involved these complications from the hip implants.

Read more about the recently filed DePuy hip implant lawsuit by following the link.

January 2, 2011

DePuy hip devices’ failure rate may be higher in women

Recently released data from the National Joint Registry of England and Wales shows that women are more likely than men to require a second hip replacement surgery after receiving one of the recalled DePuy hip device. As our readers are well-aware, DePuy recalled its ASR Hip Resurfacing System and ASR XL Acetabular System total hip replacements in August 2010 after the devices were linked to higher than normal failure rates. Now, a recent study found that the hip size of the receiving patient also plays a role in how soon a revision surgery may be required. The risk of revision is highest in patients who have ASR femoral head sizes below 50 mm in diameter, which affected mostly female patients.

The recalled DePuy hip implants had been sold internationally for more than six years and more than 90,000 people have undergone hip replacement surgeries with the ASR hip systems. Common complications associated with the recalled hip placements include a loosening of the implant with the body, bone fracture near the implant site, dislocation of the implant that causes a misalignment of hip components and metallosis, a condition caused by the metal-on-metal rubbing of the recalled hip implant. One in every eight DePuy hip replacement patients, an outstanding number, will need to undergo revision surgery within five years of the original operation.

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