Class action lawsuit against DePuy Orthopaedics

Oct 11 2010

The preeminent law office of Nurenberg, Paris, Heller & McCarthy has filed a class action lawsuit against Johnson & Johnson's artificial joint replacement company DePuy Orthopaedics, Inc., on behalf of clients who suffered damages resulting from the company's now-recalled hip replacement device.  (Case No. 1:10CV02222, U.S. District Court, Northern District of Ohio, Eastern Division)

"Revision" Surgeries Required

DePuy recently recalled two hip replacement products -- the ASR Hip Resurfacing System and the ASR XL Acetabular System -- after data showed that within five years, one in eight patients needed "revision surgeries," which are required when an artificial joint doesn't properly fit or breaks down prematurely. About 93,000 people around the world have received one of these potentially faulty hip implants.

The legal professionals at Nurenberg, Paris, Heller & McCarthy expect the class action lawsuit to include hundreds, if not thousands, of victims. Headed by attorney David M. Paris, the lawsuit is seeking to assist those who have received a DePuy ASR hip implant and experienced pain, had problems walking, or needed a revision surgery to fix a faulty hip implant.

"We're working to get the victims of faulty DePuy hip implants the help they need," said Paris, partner at Nurenberg, Paris, Heller & McCarthy. "The rights, remedies, and needs of each victim are unique and require special attention. As a result, we're conducting a full-scale investigation and have assembled a team of physicians, nurses, and other experts who will be working on behalf of the victims of this disastrous medical device."

Hip Replacement Patients Deceived about Costs

The claim states that DePuy required patients to release their confidential medical records to even be considered for reimbursement of medical costs. As a result, some patients may have been misled into believing DePuy had actually agreed to advance or reimburse costs for medical monitoring and revision procedures when, in fact, DePuy's intent was only to use the medical information to determine if any costs should be reimbursed to patients. Furthermore, these medical releases allow DePuy to gain access to the removed hip replacement devices for testing purposes while denying the test results from the respective patients and their own healthcare experts. Consequently, crucial evidence is prevented from reaching those affected by the defective products.

DePuy Class Action Involvement

Nurenberg, Paris, Heller & McCarthy is currently accepting cases on behalf of those who have been affected by the DePuy hip replacement recall and resulting medical issues. Class members involved in this claim may be entitled to the following:

• payment and/or reimbursement for revision surgeries
• economic and non-economic damages
• medical monitoring procedures by caregivers, which include radiographic evaluation, blood testing for cobalt and chromium ion levels, and MRI or ultrasound examinations
• an injunction to prohibit DePuy from communicating with plaintiffs and class members through their physicians