Parker Waichman LLP

DePuy ASR Hip Implant Victim Testifies at Senate Hearing

A Victim of the recalled DePuy ASR hip implant described her painful ordeal yesterday during a hearing before the U.S. Senate’s Special Committee on Aging. The hearing, entitled “A Delicate Balance: FDA and the Reform of the Medical Device Approval Process,” examined the Food & Drug Administration’s (FDA) role in protecting patient safety through the […]

A Victim of the recalled <"https://www.yourlawyer.com/topics/overview/Johnson-and-Johnson-DePuy-Hip-Implant">DePuy ASR hip implant described her painful ordeal yesterday during a hearing before the U.S. Senate’s Special Committee on Aging. The hearing, entitled “A Delicate Balance: FDA and the Reform of the Medical Device Approval Process,” examined the Food & Drug Administration’s (FDA) role in protecting patient safety through the medical device approval process.

According to a report on DOTmed.com, the committee heard from a Denver woman who received one of the defective DePuy ASR hip implants. Katie Korgaokar testified that blood tests showed she had cobalt and chromium shedding from the implant. Because of her complications, Korgaokar was required to undergo a second surgery to replace the device. Because of the problems caused by the DePuy ASR hip implant, Korgaokar said she has put off starting a family.

Korgaokar also told the Senators that she had never been told that the surgeon who implanted her DePuy ASR hip replacement had received $600,000 in consulting fees from the maker of the device, DePuy Orthopaedics.

A metal-on-metal device made of chromium and cobalt, the DePuy ASR Hip Implant System consists of a cup implanted into the hip with a ball joint that connects to the leg. In August, DePuy Orthopaedics issued a recall for the ASR XL Acetabular Hip Replacement System after data from the National Joint Registry of England and Wales showed that 1 out of 8 patients (12%-13%) who had received the devices had to undergo revision surgery within five years of receiving the surgery. A hip implant should last for roughly 15 years, but many DePuy ASR hip implant recipients have had to undergo new surgeries just a few years after implantation.

The DePuy ASR hip implant was approved by the FDA via the 510(K) process. As we’ve reported in the past, this process allows a manufacturer to obtain market approval with very little clinical testing of the device – including no human testing – if a manufacturer can prove it is “substantially similar” to another product already on the market.

The 510(k) approval process has received a great deal of criticism in recent years. In fact, shortly after the DePuy hip implant recall was issued, an internal FDA review found numerous flaws with the process. Just this past February, a study published in the Archives of Internal Medicine found that the majority of high risk medical device recalls over the past five years involved products subject to the streamlined 510(K) approval process.

According to the DOTmed.com report, implantable hips fall are among 26 higher-risk device types currently cleared through the 510(k) process. In 2009, the Government Accountability Office (GAO) requested that all 26 high-risk devices be moved to a more stringent approval category. At yesterday’s hearing, the GAO revealed that the FDA has yet to reclassify any of the medical devices cited in the 2009 report.

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
It was a great pleasure working with Michelle Josama
Danielle Denese
5 years ago
5 Star Reviews 150
i am glad to give a 5 star review for parker waichman and the absolute competent...consummate professional ms. benita rollis. she is capable, friendly and patient and has seen me through the entire process...i am giving 5 stars because of the limit shown above but she has performed at a 10 star level....kudos to ms. rollis and pw ...thanks for all
larry howard
3 years ago
5 Star Reviews 150
I got into an accident a little while back and went to Parker Waichman for help. They were very honest and straightforward with me as to the steps I needed to take and guided me towards the right direction. I know sometimes dealing with lawyers can be intimidating but they really made me feel at ease I'd really like to thank Yesenia for helping out on my case, she has been amazing with communication throughout the whole case. Kept me up on updates and what to expect next with the case. I highly recommend the firm and to seek out Yesenia as she has been amazing with me !
Fred Mah
4 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