ASR

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Testimony moves forward
The first trial began on the 25th of January, 2013, with some witnesses testifying that device manufacturer DePuy knew that their devices had a higher than average failure rate ten before the 2010 ASR hip recall. Upon hearing this testimony, members of the British parliament stated that if it is proven that the company was aware of these issues before the recall and yet failed to warn about them, there should be a criminal inquiry into the activities of manufacturer DePuy and its parent company, Johnson & Johnson.
 












Let me see, the reason they failed is because they weren't put in properly, he was responsible for training, he stopped using it because he had a high failure rate. What does that mean? The implant sucked after all? If so then why say in the beginning it was because the surgeons were putting them in wrong? Am I the only one confused by this report?



An orthopedic surgeon who helped design the recalled DePuy ASR metal-on-metal hip recently testified for the defense in a California state court lawsuit that surgeons are to blame for the complications associated with the implant. Dr. Thomas Schmalzried headed the DePuy ASR team. Reportedly, he was paid $3.6 million by DePuy’s parent company, Johnson & Johnson (J&J), in royalties and another $20 million for work on other medical devices.

He testified at the first trial involving the DePuy ASR metal-on-metal hip implant currently underway in state court in Los Angeles, California. Over 10,000 individual lawsuits have been filed by plaintiffs who have had to undergo painful revision surgery or surgeries and suffered from metallosis and other systemic effects after being implanted with the DePuy ASR hip implant. The ASR metal-on-metal hip implant was recalled in August of 2010 after an excessive failure rate of 12% was noted in United Kingdom patients.



Today, it is feared that the DePuy ASR premature failure rate may be at least 40% or higher based upon data from an Australian Joint Registry. The United States does not have a post-market medical device registry, so it is very difficult for patients and surgeons to make informed decisions about the safety records for various implantable devices. Efforts to establish national joint registries in the past in the United States have been blocked by the powerful medical device industry.

Dr. Schmalzried testified in the LA trial of plaintiff Loren Kransky, a retired prison guard who claims that the DePuy ASR hip device implanted in his body was defective and leached metal ions from its cobalt-and-chromium components into his body causing systemic health problems and premature failure of the device. The plaintiff also alleges the ASR implant is defectively designed and the company failed to warn of its risks. Similar allegations of product defects, failure to warn, failure to conduct proper testing, breach of warranty, and fraudulent misrepresentations and concealment have been made in the other 10,000 lawsuits filed against DePuy since 2010, most of which are pending in the federal MDL proceedings in Toledo, Ohio; in state court in Bergen County, New Jersey; and in the coordinated proceedings in state court in California.

The surgeon told jurors the key is in getting the implant cup inserted in the correct position, such that the implant is at only a 45 degree angle. That’s the key to reducing wear that produces metal ions. DePuy’s consultant also testified it was his job to train doctors how to implant the DePuy ASR hip prosthesis. The Los Angeles jury has also heard from leading experts retained by the plaintiffs from around the world who testified that the premature failure of the DePuy ASR hip implant is due to defect in the implant including a shallow cup and edge loading, which lead to improper premature wear of the device and the production of metal ions which can lead to local inflammation around the implant and systemic disease. Dr. Schmalzried reportedly implanted 250 hips every year and 39 ASR devices up through 2007 and indicated that none of those patients experienced failures. He has since experienced a 23% failure rate in the 66 ASR hips he most recently implanted. Dr. Schmalzried told jurors he no longer uses the metal-on metal hip prosthesis opting for the newer alternatives including polyethylene cups.
 






Reading all the articles on the closing arguments. Geez. What a mess. Asking for $5million in pain and suffering and $179million in punitive damages. This is a problem. And our attorneys are saying "no product is perfect", "the surgeons didn't install it right". Nice work on our part.

Our products aren't very good and the surgeons who use them suck.

Nice closing arguments. We are fu$&ed.
 






BLAMING SURGEON PLACEMENT
Michael Kelly’s cross examination of Dr. Edidin “provided moments straight out of a television court drama,” says Maglio. Bloomberg.com reports that Edidin testified that x-rays show the surgeon in this case implanted the hip cup at a 63 to 65 degree angle. He blamed this 65 degree inclination angle on the high metal wear experienced by the patient. News reports describe how Plaintiff’s attorney, Michael Kelley, placed a simple plastic protractor over the X-ray in question and showed the angle of the hip cup was actually 57.5 degrees. Kelly then asked Edidin, “You are aware you can find a protractor at Walgreens, are you not?” Edidin did not explain the discrepancy. It was a moment of courtroom theatrics that lawyers dream about, comments Maglio

EXPERT CLAIMS ASR HIP FLAWLESS
Dr. Edidin, who testified at trial that he spent most of his career focused on spines, not hips, stood firmly behind the DePuy ASR while on the witness stand. He told the jury that he saw no flaws or defects with the implant when he reviewed the design plans, reported Bloomberg.com. However, attorney Michael Kelly followed up Edidin’s courtroom testimony by showing the jury an internal DePuy document labeling the ASR as a “defective product that would affect product performance and/or could cause health problems.” Asked by Kelly in his cross examination if Edidin knew more about the design of the ASR hip than the DePuy President whose signature appeared on the report, Edidin testified, “yes.” Bloomberg.com quotes Kelly’s followed up question when he asked, “have you called them and asked them to put it back on the market?” Edidin’s testimony was, “no.”

MULTI-BILLIONS ALLOCATED TO SETTLE MOM HIP CASES
The company has reportedly set aside about $4,000,000,000 to cover costs of MOM hip cases, according to Reuters News. However, Maglio believes that due to the number of lawsuits, settling the defective ASR litigation could end up costing Johnson & Johnson even more. “So far, this first ASR trial has gone very poorly for J&J,” says Maglio, “with several company defense witnesses giving testimony that better supports the victim’s case.”



Read more: http://www.virtual-strategy.com/201...rneys-maglio-christopher-toale-#ixzz2MRGhOBWo
Read more at http://www.virtual-strategy.com/201...maglio-christopher-toale-#AF5MkyUgJ2tIihsf.99
 
























Anonymous said:
That's what we lost in the Kransky trial.
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No. That's what the patient got from your defective implant. Regardless the ruling, upper management lied to the surgeons, the reps, and the patients. Let's see... First they were gonna pull it over a 12 mo time period, because it cost too much, and hospitals were refusing to pay for it, and bc a 40 ultamet had close to the same jump distance. Then the cat started coming out of the bag, and the field safety letter came (blame surgeon), then the recall (blame surgeon again). I hope all 10,000+ get what they deserve.
 












Anonymous said:
Well damn! Under budgeted again! Good for the Kransky family! Now, fire the incompetent, arrogant idiots and their minions!
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Holy balls a blazin! That's the best news I've heard all week! I think that $$$ might have been a little low but in the end the overall amount will suffice. Hey kool aid drinkers, paint a pretty picture out of that one will ya? Suppose Kilburn will have to down size that big shwanky house now!
 


















It wont cost us anything. These attorneys are ours. You can be sure all the leaders are popping champagne in Warsaw, probably rented out NoaNoa for the night, to celebrate the fact that there was no punitive damage award.
 






Anonymous said:
No. That's what the patient got from your defective implant. Regardless the ruling, upper management lied to the surgeons, the reps, and the patients. Let's see... First they were gonna pull it over a 12 mo time period, because it cost too much, and hospitals were refusing to pay for it, and bc a 40 ultamet had close to the same jump distance. Then the cat started coming out of the bag, and the field safety letter came (blame surgeon), then the recall (blame surgeon again). I hope all 10,000+ get what they deserve.
Click to expand...

Bingo
 






























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