law

Third Plaintiff Seeks Expedited DePuy Case Trial in California

The first successful DePuy ASR hip implant trial has been the case filed by Loren and Sharon Kransky in which jury granted the plaintiff $8.35 million for damages, followed by an ongoing case filed by Carol Strum, that is to be deliberated in Cook County, Illinois. These are just two of the 10,000 cases that were filed against Johnson & Johnson and DePuy Inc. because of faulty DePuy ASR hip implants.  Lawsuits are piling up against Johnson & Johnson, resulting to the 2010 recall of two of  its replacement hips, the ASR Hip Resurfacing System and the ASR XL Acetabular System.
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Ms. Nomalee Tilman, one of the complainants, is requesting San Francisco judge to expedite her case due to health reasons. Her representative has stated in open court that plaintiff is currently suffering from metastatic pancreatic cancer. Thus, an affidavit has been submitted to support Ms. Tilman's motion for an order advancing her case for trial. A hearing for the said request is scheduled for April 25, 2013 under Judge Richard Kramer. 

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Senators to Guarantee Safety of Implants

The Australian market for the DePuy hip devices were subjected of a total pullout in December 2009. In August 2010, DePuy implemented a global recall. Between 2008 and the time the recall was issued, the Food and Drug Administration (FDA) have documented hundreds of complaints from ASR clients, many of whom are required to have a second hip replacement surgery.

The infamous DePuy hip replacement recall was so much striking that on December 14, 2011, the New York Times published an article saying that three U.S. senators made a proposal of a bill on reinforcing medical device regulations. The three senators were Charles E. Grassley (R-IA), Richard Blumenthal (D-CT) and Herb Kohl (D-WI).

Furthermore, the Times said “these lawmakers have proposed a wave of medical device industry-friendly bills that would further streamline FDA regulations, allowing more product clearances.”

“There is clearly a need for scrutiny once products are implanted or used on patients,” Senator Blumenthal said.

This synchronized effort from a diverse group of senators demonstrates that policymakers are listening to patients, companies, and consumers about their concerns on the potential negative consequences from indulgent rules on medical device. Legal observers also say that it also shows that senators are recognizing the important role industry play in improving health care and outcomes for patients.

With approximately 93,000 recipients worldwide, the ASR XL Acetabular System and the ASR Hip Resurfacing System were recalled after data revealed that the devices fail prematurely in one out of eight people who have them. These two implant designs have been manufactured and marketed since 2003.

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