The Statute of Limitations Will Bar Late Filed Claims

Hip implant lawsuits must be filed before the legal deadline, also known as the statute of limitations. The two year anniversary of DePuy’s recall of the ASR hip implant will be in August 2012. It is possible that this may serve as the deadline for filing an ASR hip implant lawsuit. We believe that ASR patients should attempt to file a lawsuit prior to the two year anniversary of the ASR recall in order to ensure their legal rights are preserved.

Parker McDonald Law Firm Concerned By FDA Reports Of Skyrocketing Hip Implant Complaints

New York Times Article Notes 5,000 New Complaints about Metal-on-Metal Hip Implants

FORT WORTH, Texas,Aug. 25, 2011,– According to an investigation completed this week by the New York Times, the U.S. Food and Drug Administration has received more than 5,000 complaints in 2011 about faulty hip implants, with the DePuy Articular Surface Replacement (ASR) as the prime culprit. The New York Times reports that’s about double the total number of complaints filed in 2010, which more than doubled the number filed in 2009.Parker McDonald, P.C., a Texas law firm representing a large number of plaintiffs affected by the DePuy ASR recall,is alarmed at the extreme rate that the hip system is failing.

According to the FDA, medical studies found that more than 1 in 8 patients would have their DePuy ASR hip implants fail within 5 years, when the device was approved to last for 15 or more years. A growing number of victims have implants that lasted only a fraction of that time with some experiencing pain within less than a year.Considering that an estimated 500,000 metal-on-metal hip replacements have been implanted in patients, an untold number of failures have yet to be reported.

In the New York Times reporting, the DePuy ASR device accounts for 75 percent of the reports, or nearly 4,000 cases, where patients experienced adverse reactions to the defective hip implant. DePuy Orthopedics, a division of Johnson & Johnson, marketed and sold the ASR hip system as a safe and reliable solution to bone deterioration and mobility complications. In addition, the article notes that there are hundreds of complaints about another DePuy device, the all-metal Pinnacle hip implant.

Parker McDonald patients who filed reports with the FDA have elevated symptoms of pain and hip dislocation.DeeDee Hill-Morgan has battled nausea, dizziness, metallosis (blood poisoning) and blurred vision allegedly because of herhip implant failure.

The FDA implemented new testing requirements for medical device companies, in addition to enlisting their own research team to determine the causes of the defective metal-on-metal hip implants. Although the FDA is taking appropriate action to resolve the cases, the attorneys at Parker McDonald fear that the results will come too late for some of the victims of the DePuy recall. Lead scientists predict that the new standards will take years to fully implement after testing is complete.

Parker McDonald represents DePuy hip implant patients across the country and has established http://www.hipimplantrecovery.com/to provide the latest information for concerned DePuy ASR and Pinnacle hip implant patients and their families. The firm has offices in five Texas cities. For more information visit the Parker McDonald website.

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About Parker McDonald
Parker McDonald, P.C. offers comprehensive legal services for clients whose personal, business or property rights have been adversely affected. Built on years of trial experience, Parker McDonald lawyers are dedicated to a tradition of personal service and timely delivery of outstanding results.

Parker McDonald: One Year Milestone of DePuy ASR Metal-on-Metal Hip Implant System Recall Approaching

(Fort Worth, Texas)… Parker McDonald P.C., a Texas law firm, is now one year into its work representing plaintiffs seeking remedies for medical issues arising from the failure of metal-on-metal hip implant devices, many of those issues coming to light after an August 2010 recall of DePuy Orthopaedics, Inc.’s ASR XL Acetabular Hip Replacement System. Twelve months ago, DePuy, a subsidiary of healthcare giant Johnson & Johnson, recalled the ASR system following release of data from a study by the National Joint Registry (NJR) of England and Wales that indicated the five-year failure rate of this product was approximately 13 percent, or one in every eight patients receiving one of the hip implants, according to DePuy’s website.

According to Parker McDonald, in the recalled ASR device, the cup is so shallow that it is susceptible to so called “edge loading,” a situation wherein the joint’s ball strikes against the cup’s edge and causes the implant parts to rub together and chisel off debris that releases microscopic ions of the heavy metals chromium and cobalt into the body. Such elevated levels can cause metallosis, a reaction of the body’s immune system to heavy metals with potential negative affects on multiple organs and organ systems. Many patients have required an additional surgery, known as a revision surgery, to remove the defective implant.

“The system had been released to consumers in the United States in 2005. In March of 2010, DePuy issued a warning to surgeons in the United States that its ASR hip implant had a higher than expected failure rate but didn’t recall its ASR hip implant system until August,” said Dan McDonald, principal with the firm. “The company had voluntarily withdrawn the ASR hip implant from the Australian market in December 2009, nearly a year before it was pulled from the US market”.

DePuy is also under scrutiny for its metal-on-metal Pinnacle Acetabular Cup System. In May of this year, the United States Judicial Panel on Multidistrict Litigation (MDL) filed a transfer order consolidating all lawsuits involving the Pinnacle Acetabular Cup System in In Re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, MDL No. 224. The litigation will be overseen by the Honorable Judge James E. Kinkeade in the U.S. District Court of the Northern District of Texas.

Pinnacle patients have reported experiencing problems similar to those receiving the recalled ASR device, according to reports. The lawsuits involved raise the questions of whether the Pinnacle device was defectively designed and/or manufactured and whether DePuy failed to provide adequate warnings concerning the device. These hip implants have been available nationwide since their release into the market in 2002.

“We’re working with patients who have received a DePuy ASR or metal-on-metal Pinnacle hip implant who may qualify for compensation for the costs of additional surgeries and related medical care, physical incapacity, disfigurement, pain, suffering, and mental anguish,” Mr. McDonald explained. Parker McDonald has established an online website, www.hipimplantrecovery.com to provide the latest information for concerned DePuy ASR and Pinnacle hip implant patients and their families.

To date, according to a recent Wall Street Journal article, nearly 1,000 lawsuits have been filed in federal and state courts across the country against DePuy Orthopaedics for its defective hip implant devices.
Recently, as reported by Bloomberg, the FDA ordered all metal-on-metal hip device manufacturers to conduct studies of patients who received a metal-on-metal device. Problems encountered by patients dealing with hip implant defects have also been reported in The New York Times and other national publications.

Parker McDonald has offices in five Texas cities and is accessible via Twitter and Facebook. Website is www.ParkerMcDonaldLaw.com.

Parker McDonald: FDA Approves First Ceramic-on-Metal Total Hip Replacement System; Firm Hopes for Different Outcome Than Current Metal-on-Metal Implant Systems

(Fort Worth, Texas)… Parker McDonald P.C., a Texas law firm representing plaintiffs seeking remedies for medical issues arising from the failure of metal-on-metal hip implant devices, is hopeful upon hearing the recent news of the Food and Drug Administration’s approval of a new ceramic-on-metal total hip replacement from DePuy Orthopaedics, a subsidiary of Johnson & Johnson.

The newly approved Pinnacle CoMplete Acetabular Hip System is the first ceramic-on-metal total artificial hip system for patients with osteoarthritis.  As the FDA’s news release explains, “…previous total hip replacement systems cleared or approved by FDA have used different combinations of metal, ceramic and polyethylene (a form of plastic).”

Parker McDonald is hopeful the Pinnacle CoMplete will be a new, reliable option for those patients requiring hip implant surgery and will be free of the problems plaguing patients implanted with the DePuy ASR or the Pinnacle Acetabular Cup System. The firm represents patients with claims originating because of two DePuy hip replacement systems: the defective ASR XL Acetabular metal-on-metal hip replacement system, which was recalled in August of 2010 and the other is the Pinnacle Acetabular Cup System.

As a condition of FDA approval of the Pinnacle CoMplete system, DePuy is required to conduct a post market study, monitoring patients receiving the Pinnacle CoMplete system for adverse events and metal ion concentrations in their blood.

Parker McDonald notes that many patients who received the recalled DePuy metal-on-metal ASR device and the metal-on-metal Pinnacle device have experienced complications including severe pain, implant loosening, and early failure. Additionally, as the metal-on-metal surfaces rub together, the implant may deteriorate, resulting in the release of the toxic metals chromium and cobalt into the blood; such blood poisoning can lead to heart complications, death of tissue in the hip joint, and loss of surrounding bone, and, eventually, create more problems if an additional hip surgery is required, according to Parker McDonald.

Recently, as reported by Bloomberg, the FDA ordered all metal-on-metal hip device manufacturers to conduct studies of patients who received a metal-on-metal device. Problems encountered by patients dealing with hip implant defects have also been reported in The New York Times and other national publications.

Parker McDonald, P.C. represents DePuy hip implant patients across the country and has established this website to provide the latest information for concerned DePuy ASR and Pinnacle hip implant patients and their families. The firm has offices in five Texas cities and is accessible via Twitter and Facebook. Website is www.ParkerMcDonaldLaw.com.