Parker Waichman LLP

Patients Largely Unaware of Metal-on-Metal Implant Dangers

Metal-on-Metal Implant Dangers. Despite its global recall in 2010, many patients remain unaware of the alleged dangers associated with the ASR metal-on-metal hip implant device manufactured by DePuy Orthopaedics, a unit of the global health care giant, Johnson & Johnson. In fact, less than 10 percent of some 4,500 patients in India have contacted Johnson […]

Metal-on-Metal Implant

Metal-on-Metal Implant Dangers. Despite its global recall in 2010, many patients remain unaware of the alleged dangers associated with the ASR metal-on-metal hip implant device manufactured by DePuy Orthopaedics, a unit of the global health care giant, Johnson & Johnson.

In fact, less than 10 percent of some 4,500 patients in India have contacted Johnson & Johnson’s redressal agency, according to The Times of India. Because of this, India’s Food and Drug Administration commissioner, Mahesh Zagade, has suggested that non-governmental organizations (NGOs) begin educating patients.

“We also need specialized courts and compensation laws in the country to tackle these emerging issues better,” Zagade told The Times of India.

Physicians informed the 280 patients of the premature and unexpectedly high ASR failure rates, not the other way around, which was surprising given that researchers were discussing the unusually elevated revision surgery rates associated with the DePuy ASR devices well before the recall, according to The Times of India.

Still, before the recall, some surgeons continued to implant patients with the ASRs and patients did not appear to mind. Now, experts are asking if patients should be so trusting about the medical devices they receive.

A banker explained to The Times of India that his mother was implanted with the ASR

In one case, a banker explained to The Times of India that his mother was implanted with the ASR and no options were given for other devices. “I was told this was the best implant in the market. I had known the surgeon for over five years, so I did not even consider taking a second opinion,” he said.

He noted that he never conducted his own research on the ASR. A senior doctor from a Mumbai public hospitals told The Times of India, “It is ironical, but people do more research before buying a mobile phone or television set than for an implant that will remain inside them.”

The all-metal hip devices have been the focus of growing controversy because of unusually high and premature failure rates; the many alleged, adverse medical reactions, such as increased blood metal levels; and mounting litigation.

In addition to increased blood ion levels, injury reports allege dislocations; pain; metallosis (metal poisoning); fracture; difficulty ambulating, rising, standing, and balancing; noise emanating from the joint; and pseudotumors, to name just some.

Of concern are patient allegations that metal debris shed from the chromium and cobalt hip device leads to tissue death and increased blood metal ion levels. Many believe that it is the devices’ metal components that are the culprit. It is believed that the components rub against one another during normal, daily activities, such as walking.

The movement releases small metal shards into patients’ bodies

The movement releases small metal shards into patients’ bodies, specifically into their blood streams and area tissue. This is what is believed to raise blood metal levels and what leads to toxicity.

When the August 2010 recall was implemented, 93,000 ASR hip implant devices were recalled globally. At that time, the firm reported that 12 percent of the devices failed within five years; internal Johnson & Johnson documents, however, indicated a 37 percent failure rate after just 4.6 years. The ASR received U.S. Food and Drug Administration (FDA) approval in 2005.

The DePuy ASR devices were marketed to last for at least 20 years and were also marketed as providing increased range of motion over traditional hip replacement devices, which are constructed with plastic or ceramic components.

Today, Johnson & Johnson is facing approximately 12,000 lawsuits filed in federal and state courts in Ohio, California, and New Jersey, according to a recent Bloomberg.com report. The device maker recently reached a $2.47 billion settlement to resolve thousands of lawsuits; the settlement amount could reach as high as $4 billion.

U.S. District Judge David Katz, in Toledo, Ohio, is coordinating the federal litigation and the settlement requires Judge Katz’ approval. Prior to this accord, J&J lost one trial, won one trial, and scheduled seven additional trials over the ASR devices. The devices were constructed in two similar models—the ASR XL Acetabular System and the ASR Hip Resurfacing System.

Need Legal Help Regarding Metal-on-Metal Implant?

The personal injury attorneys at Parker Waichman offer free, no-obligation case evaluations. For more information, fill out our online form or call 1-800-YOURLAWYER (1-800-968-7529).

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Positive: Professionalism , Quality , Responsiveness , Value All of the above. I am very please with service that was rendered to me especially by Christina Morace who was on point with every questions that I asked her. She was very professional and above all very helpful to me. I will gladly recommend your company to anyone who needs a excellent Law Firm.
Bixley Simpson
2 years ago
5 Star Reviews 150
They were very helpful & extremely patient with my non-stop requests for clarification regarding certain things that I didn’t understand. The majority of my interactions were with Ashley & she was absolutely wonderful. She was knowledgeable, pleasant & always made it clear that I wasn’t a burden when I was asking her to once again explain something to me that she had already done at least one time in the past.
RUSSELL MAHON
4 years ago
5 Star Reviews 150
Jamie Sussman
6 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038