DENVER, Colo., Oct. 21 /PRNewswire/ -- Burg Simpson Eldredge Hersh & Jardine, P.C., one of the nation's leading plaintiff litigation law firms, has filed the first hip replacement lawsuit in Colorado, on behalf of a Boulder County resident. The suit was filed against the manufacturers of the ASR XL Acetabular System hip replacement, DePuy Orthopaedics, Inc., a subsidiary of Johnson & Johnson (NYSE: JNJ).
On August 24, 2010, DePuy Orthopaedics, Inc. announced a voluntary recall of its ASR XL Acetabular System hip replacement, after a report published in Britain revealed an unacceptable failure rate of the device, resulting in revision surgery for 13 percent of patients within five years.
Specifically, the lawsuit (Joosten v DePuy, Inc. USDCCOL-10CV-02549) seeks answers to a number of questions including whether DePuy should have known of the defects in the device prior to its sale and implant in patients, and whether DePuy failed to provide timely and adequate post-market warnings of the health risks associated with the its ASR XL Acetabular System.
According to attorney George E. McLaughin, one of several Burg Simpson attorneys working on this case, the answers are a resounding "yes."
"Despite being aware of overwhelming clinical evidence pointing to the contrary, DePuy not only knew that their ASR XL Acetabular hip replacement was defective, but they actively concealed this fact from patients and their doctors. This willful disregard for patient safety has left our client, and thousands of others across the country, facing the prospect of having to undergo the agony and disruption of a second hip replacement procedure within the next several years."
Burg Simpson senior shareholder, Peter W. Burg said, " At Burg Simpson, we have successfully litigated defective product, pharmaceutical and devices cases for more than 30 years in state and federal courts and in the Multi-District Litigation (MDL) arena. We have witnessed first hand the devastation caused when devices such as DePuy's ASR XL Acetabular System fail. Given the large number of devices recalled in this instance, it is conceivable that thousands of individuals across the United States may unknowingly need revision surgery."
Burg Simpson is urging anyone who has received a DePuy hip replacement in the last seven years and who is concerned about the potential health risks to contact their physician, even if they are not currently experiencing any pain or discomfort. Anyone seeking further information about the lawsuit and their legal rights should contact the firm's Colorado office at 303.792.5595 or visit www.burgsimpson.com.
With offices in Denver, Cincinnati, Cody, and Phoenix, Burg Simpson Elredge Hersh & Jardine, P.C., is a firm of award winning national trial lawyers, practicing in the areas of personal injury, class action, medical malpractice, dangerous drug litigation, defective products, insurance bad faith, employment law, commercial and securities litigation.
SOURCE Burg Simpson Eldredge Hersh & Jardine, P.C.