11/11/2010 // New York, NY, US // New York City Accident Lawyer // New York City injury lawyer Jonathan C. Reiter
New York, NY (New York City Injury Lawyer News)—With approximately 400 complaints regarding the failure of a hip replacement implant reported to the U.S. Food and Drug Administration (FDA) over a span of more than two years, DePuy faces increased scrutiny and a slew of pending personal injury lawsuits. DePuy, a Johnson and Johnson company, recalled about 93,000 hip replacement implants in August, due to a 12 to 13 percent failure rate associated with the devices, according to information provided by the New York Times. DePuy initiated the recall, stating, “More people than expected who received the ASR Hip System experienced pain and other symptoms that led to a second hip replacement surgery, called a revision surgery.”
Johnson and Johnson, plagued with issues related to quality control, has recalled products ranging from well-known over-the-counter medications such as liquid Children’s Tylenol in the U.S. to Acuvue contact lenses in Japan and other Asian and European countries. “This is a company that was purer than Caesar’s wife, this was the gold standard, and all of a sudden it just seems like things are breaking down,” alleged William Trombetta, a professor of pharmaceutical marketing at Philadelphia-based Saint Joseph’s University. While DePuy has told patients it will cover out-of-pocket costs associated with treatment, the company appears to be redirecting financial liability to insurance companies. DePuy stated, “Bills for services should first be submitted to your insurance company or payor (public or private) in the usual manor.”
Now with the latest recall of two hip replacement devices, including the ASR XL Acetabular System and ASR Hip Resurfacing System, personal injury lawsuits have begun to surface as orthopedic professionals claim the implants should have been subject to recall much earlier. “Most major medical centers have seen issues with this device… This does not come as a surprise,” said Dr. Joshua J. Jacobs, chairman of orthopedic surgery at Chicago’s Rush University Medical Center. In addition to the recall of the hip replacement implants, a British agency responsible for the regulation of medical devices issued an advisory concerning them. The advisory warned that metal debris could result from wear, leaving patients susceptible to inflammation and tissue damage. Personal injury cases filed in connection with the defective hip replacement devices are expected to be forthcoming.
Leading Manhattan personal injury attorney Jonathan C. Reiter states if you or a loved one has fallen victim to DePuy’s negligence, you may be eligible to receive compensation for your injuries and damages. To ensure safety and prevent adverse medical events, extensive research should be done before any medical device is used to treat any individual. If a company fails to take the initiative to investigate its own product prior to its release, and injury or wrongful death results, they may be held accountable. Contacting a New York City injury lawyer with regard to your specific personal injury or product liability claim may help you obtain the damages you deserve.
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