June 17th, 2014|
The companies that create and design the medical device Americans use are required by law to ensure their products are safe for use. Failure to do so can result in massive recalls and costly settlements.
Take the case that has developed around the DePuy replacement hip recall over the past several years. The company who made the product—Johnson & Johnson (J&J)—released two versions of the product with only one undergoing testing. The U.S. Food and Drug Administration approved the second device based on the test results that were gathered for the first product. This is possible through a law that states a medical device can be released without being tested as long as a similar product has been examined and approved by the FDA.
A short time after the devices were released though, patients began reporting issues with the defective medical devices, including pain, swelling, immobility, and a condition known as Metalosis. This resulted in an investigation into the product being launched.
Officials found J&J had been aware of the problems for years, but had failed to take corrective action. This led to a recall of the product and the Journal Gazette recently reported the company would pay approximately $2.5 billion to the products’ victims in order to settle product liability claims that had been brought against the company.
Accessing these funds can be difficult for defective hip replacement victims though, which is why Norris Injury Lawyers’ Birmingham personal injury attorneys urge anyone who was harmed by these products to discuss their needs for legal representation with a professional immediately.
We are available anytime to discuss your case.
May 22nd, 2012|
May 22, 2012
After being hailed as a medical and technological breakthrough, the artificial hip replacement device made by DePuy Orthopedics has been plagued with problems and defects.
The device was introduced in 2005 after DePuy bypassed the U.S. Food and Drug Administration’s (FDA) process of conducting clinical trials through the process known as 510(k). This allows a company to skip the clinical trial phase of approval if the company can show that its new device is “substantially equivalent” to one already on the market.
Five years later, the agency would recall approximately 93,000 of the hip implants, known as models ASR Hip Resurfacing System and the ASR XL Acetabular System, due to mechanical failure. When the metal parts rubbed together inside the body, not only would the device wear quickly, but the metal debris could seep into the bloodstream and cause a buildup of toxic metals.
Since the recall two years ago, there have been approximately 6,000 lawsuits filed against the company claiming that testing should have been conducted on the product before it was introduced. The first of those trials is set to begin in Las Vegas, Nevada, in December.
While thousands of individuals who have suffered because of these failed devices have filed lawsuits, the Alabama Personal Injury Lawyers with Norris Injury Lawyers say it is not too late for others who have been affected by a faulty Depuy Hip Replacement device to file their own complaint.