Parker Waichman LLP

Metal-on-Metal Hip Implant Lawyer Takes Issue with Statements Made by DePuy Orthpaedics Official During FDA Meeting

An attorney with a national law firm that represents victims of alleged metal-on-metal hip implant injuries has expressed dismay at some statements made last week regarding the regulation of all-metal hip replacement devices by an official with DePuy Orthopaedics.   According to Daniel Burke, Senior Litigation Counsel at Parker Waichman LLP, comments made by the DePuy […]

Metal-on-Metal Hip Implant Lawyer Takes Issue with Statements Made by DePuy Orthpaedics Official During FDA MeetingAn attorney with a national law firm that represents victims of alleged metal-on-metal hip implant injuries has expressed dismay at some statements made last week regarding the regulation of all-metal hip replacement devices by an official with DePuy Orthopaedics.   According to Daniel Burke, Senior Litigation Counsel at Parker Waichman LLP, comments made by the DePuy official were in conflict with the way most metal-on-metal hips have been cleared for sale by the U.S. Food & Drug Administration (FDA).

During a two-day meeting convened last week by the FDA to discuss the safety of metal-on-metal hip replacement devices, Paul Voorhorst, the director for biostatistics and data management for DePuy Orthopaedics, urged FDA advisors not to treat all metal-on-metal implants in the same fashion.   Voorhorst asserted that the clinical performance of each device should be evaluated on its own merits.

“It is ironic that when they file with the FDA for a 510k, fast-track approval, the manufacturers claim their new metal-on-metal hip implant is substantially similar to others on the market,” Mr. Burke said in a statement issued by Parker Waichman LLP. “Now they say metal-on-metal hips should be individually evaluated when it comes to failures, without having subjected their own devices to more stringent analysis during the approval process.”

According to the law firm’s statement, the majority of metal-on-metal hip replacement devices used in total hip replacements were cleared for sale through the FDA’s 510(k) protocols, which allows manufacturers to forgo human testing if they can show a device is similar to a predicate product that has already been brought to market. Mr. Burke believes that had metal-on-metal hip implants been subjected to more stringent premarket scrutiny, their safety issues may have been detected and their sales prevented.

According to Parker Waichman LLP, the firm is representing scores of people who claim they were injured by defective all-metal hip replacement devices, including DePuy Orthopedics’ recalled ASR hip implants, as well as an all-metal version of the company’s Pinnacle hip implant.  Parker Waichman also recently filed several lawsuits on behalf of people allegedly injured by  metal-on-metal hip implants manufactured by Biomet Orthopedics.

In addition to Biomet and DePuy, metal-on-metal hip implants have also been brought to market by numerous other firms, including Zimmer Holdings Inc., Smith & Nephew PLC, and Encore Medical L.P.

During last week’s two-day meeting, FDA advisors on the agency’s Orthopaedic and Rehabilitation Devices Panel recommended that patients with metal-on-metal hip implants be monitored, including regular X-rays and blood testing for metal levels for patients complaining of pain and other symptoms.  Annual X-rays were recommended for patients not experiencing symptoms.  The advisors also recommended including label warnings about pseudotumors and high levels of metal ions in patients’ blood.  Finally, they called for a warning stating that metal-on-metal hip implant recipients are more sensitive to the devices’ positioning than patients with other types.

During their two day meeting, some experts on the FDA panel questioned why all-metal implants would ever be used, considering their poor track record of safety.

As we’ve reported previously, it was thought that metal-on-metal hip implants would be superior to devices made from plastic or ceramic when they were first brought to market about a decade ago.  But since the August 2012 worldwide recall of DePuy Orthopaedics ASR hip implant devices, it’s become increasingly clear that all-metal hip implant’s haven’t been living up to their promise.  Patients have increasingly complained of pain and early implant failures, while a number of studies have pointed to significant problems with metal-on-metal hip implants.  Last week, the FDA revealed that it had received 16,800 negative event reports involving metal hips between 2000 and 2011. Of those, more than 14,000 involved revision surgeries, in which a defective implant was removed.

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
Good for the body of lawyers and all the staff, very good team, also congratulate Jorge Peniche for his excellent work, and his way of treating people, very good person.
Carlos Olmedo
5 years ago
5 Star Reviews 150
I was recommended to Parker Waichman by Mary Sotomayor and I am very happy with the service. They are all very professional, helpful and knowledgeable . They are also very quick to respond to any of my questions or concerns.
Mary A
5 years ago
5 Star Reviews 150
HELLO IM VERY PLEASED WITH HIGH QUALITY OF SERVICE THAT MS ASHLEY LOPILATO PROVIDED TO ME DURING MY HARD STRUGGLE WITH THE MEDICAL RECORDS DEPARTMENT AND MY COMPANY ABM EVEN THOUGH I WAS READY TO GIVE UP ASHLEY CONTINUED TO CONSOLE ME AND UP MY SPRIT WHAT CAN I NOT SAY ABOUT ASHLEY SHE IS A GREAT ASSET TO THIS FIRM I TRULY FEEL EVEN THOUGH I NEVER MET HER ASHLEY MADE ME FEEL LIKE I KNOWN HER FOR YEARS WE TALKED LAUGHED AND TRULY SPOKE OF A LEVEL OF BEYOND CLIENT ATTORNEY RELATIONSHIP PLEASE IF NO ONE KNOWS ABOUT ASHELY MAKE SURE SOMEONE READS THIS LETTLE NO BETTER YET THIS DEVOTED APPRECIATION COMPLIMENT ON HER BEAUTIFUL WILL TO MAKE ME FEEL SPECIAL THANK YOU PARKER WAICHMAN FOR EMPLOYING SUCH A VERY GOOD PERSON THANKS AGAIN ASHLEY YOU NEVER SEEN BEFORE FRIEND DWAYNE BASDEN
Dwayne Basden
3 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