DePuy Orthopaedics Accused of Deceiving Hip Replacement Patients

Nurenberg, Paris, Heller & McCarthy files class action against Johnson & Johnson subsidiary; Alleges thousands of patients may have been misled into believing company would cover costs for faulty hip replacement devices

Oct 11, 2010, 07:04 ET from Nurenberg, Paris, Heller & McCarthy

CLEVELAND, Oct. 11 /PRNewswire/ -- The preeminent law office of Nurenberg, Paris, Heller & McCarthy has filed a class action lawsuit against Johnson & Johnson's artificial joint replacement company DePuy Orthopaedics, Inc., on behalf of clients who suffered damages resulting from the company's now-recalled hip replacement device.  (Case No. 1:10CV02222, U.S. District Court, Northern District of Ohio, Eastern Division)

"Revision" Surgeries Required

DePuy recently recalled two hip replacement products -- the ASR Hip Resurfacing System and the ASR XL Acetabular System -- after data showed that within five years, one in eight patients needed "revision surgeries," which are required when an artificial joint doesn't properly fit or breaks down prematurely. About 93,000 people around the world have received one of these potentially faulty hip implants.

The legal professionals at Nurenberg, Paris, Heller & McCarthy expect the class action lawsuit to include hundreds, if not thousands, of victims. Headed by attorney David M. Paris, the lawsuit is seeking to assist those who have received a DePuy ASR hip implant and experienced pain, had problems walking, or needed a revision surgery to fix a faulty hip implant.

"We're working to get the victims of faulty DePuy hip implants the help they need," said Paris, partner at Nurenberg, Paris, Heller & McCarthy. "The rights, remedies, and needs of each victim are unique and require special attention. As a result, we're conducting a full-scale investigation and have assembled a team of physicians, nurses, and other experts who will be working on behalf of the victims of this disastrous medical device."

Hip Replacement Patients Deceived about Costs

The claim states that DePuy required patients to release their confidential medical records to even be considered for reimbursement of medical costs. As a result, some patients may have been misled into believing DePuy had actually agreed to advance or reimburse costs for medical monitoring and revision procedures when, in fact, DePuy's intent was only to use the medical information to determine if any costs should be reimbursed to patients. Furthermore, these medical releases allow DePuy to gain access to the removed hip replacement devices for testing purposes while denying the test results from the respective patients and their own healthcare experts. Consequently, crucial evidence is prevented from reaching those affected by the defective products.

DePuy Class Action Involvement

Nurenberg, Paris, Heller & McCarthy is currently accepting cases on behalf of those who have been affected by the DePuy hip replacement recall and resulting medical issues. Class members involved in this claim may be entitled to the following:

  • payment and/or reimbursement for revision surgeries
  • economic and non-economic damages
  • medical monitoring procedures by caregivers, which include radiographic evaluation, blood testing for cobalt and chromium ion levels, and MRI or ultrasound examinations
  • an injunction to prohibit DePuy from communicating with plaintiffs and class members through their physicians

To learn more about DePuy's recall of its ASR Hip Resurfacing System and ASR XL Acetabular System, call Nurenberg, Paris, Heller & McCarthy at (800) 562-7438 or visit www.nphm.com.

About Nurenberg, Paris, Heller & McCarthy

Nurenberg, Paris, Heller & McCarthy is a nationally recognized law office that has served the needs of catastrophically injured clients throughout the United States since 1928. Nurenberg Paris is a Cleveland, Ohio-based law firm known for its success in cases involving defective products, class action litigation, medical malpractice, wrongful death, airplane crashes, railroad crossing collisions, unfair business practices, and insurance. The trial lawyers at Nurenberg Paris have been admitted to practice law in courts across the country and pride themselves on their long-standing history of achieving justice for clients in the trial and appellate courts. For more information, visit www.nphm.com.  

For more information, contact:

Tamara Brininger

Phone: (216) 694-5204

E-mail: TBrininger@nphm.com



SOURCE Nurenberg, Paris, Heller & McCarthy



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