Sunday, July 22, 2012

Attorneys of Sullo & Sullo Experience Increase in DePuy Hip Implant Lawsuits

Over 43,000 people in the United States have received the ASR hip replacement metal-on-metal implant, while over three times that many have received the Pinnacle metal hip implant. Although the ASR was voluntarily recalled by DePuy on August 26, 2010, the Pinnacle has not yet been recalled and both Johnson and Johnson and DePuy stand firm in stating the Pinnacle is safe despite sharing many of the same characteristics as the ASR implant. Despite the numbers of ASR recipients and the belief by many experts that the ASR has nearly a 50% chance of failure, only around 7,000 implant patients have come forward. These numbers are problematic for the attorneys who are working hard to protect victims of the ASR.

There are likely a variety of explanations for these numbers. First, many of the recipients of the ASR may not be aware of the recall or may not even know for certain what type of hip implant they have in their body. Others may not be having any overt problems from the ASR right now, so may not believe they can take part in the MDL lawsuits currently taking place. Still others—particularly those who are elderly—may simply believe the pain, limited range of motion and other symptoms are due to age rather than the implant. All of these people must be reached—and reached quickly. Twenty-six states operate under the two year statute of limitations rule which began at the time of the ASR recall. This means that there is less than a month to ensure that all those with the ASR metal-on-metal hip implant realize the potential health problems they could face down the road and understand the gravity of the situation should they not take part in the MDL at this time and the statute runs out.

With a failure rate that some believe is as high as 50%, the odds that any recipient of the ASR will have problems at some point is relatively high. The problems experienced by ASR implant recipients are not mild, rather are quite serious including severe and chronic pain, degeneration of tissue surrounding the implant, as well as serious issues related to the metal-on-metal design. When the metal ball and cup of the implant—constructed of chromium and cobalt—rub against one another during normal activity, tiny metal particles shave off and can become lodged in surrounding tissues or enter the bloodstream. These chromium and cobalt particles can cause cardiovascular, neurological, thyroid and kidney problems and, in fact, have not been sufficiently studied to know just how damaging they can be. Many Sullo and Sullo ASR clients have reported memory loss, skin disorders, hearing and balance problems, muscle destruction and even a progressive inability to distinguish between sweet and salty tastes.

Should the metal implant fail later on in a patient who feels just fine right now, they could find themselves financially and medically devastated with no ability to seek compensation from the company who manufactured the defective medical product. Patients who are unsure of whether they have a DePuy ASR hip implant should either get in touch with their physician or surgeon or our attorneys will be glad to pursue the issue and find out for sure what type of implant was used. Lawyers with experience in this area know about the process required to obtain compensation for necessary revision surgery, time lost from work, and the pain and suffering which almost always accompanies failures.

Individuals who have suffered extensively from the DePuy ASR will find that filing a lawsuit against DePuy is the clear and logical choice. Those who have not yet made the decision to file should definitely contact our Attorneys at Sullo & Sullo and learn all your options in an easy-to-understand manner. With the statute of limitations expiration just around the corner, it’s imperative that you not wait until you no longer have any rights of recovery. Our attorneys believe DePuy should be held responsible for products which had obvious design flaws especially considering the fact that they neglected to warn implant recipients even after there was strong evidence of serious problems. Our attorneys will work hard to help you collect compensation for all expenses related to the injuries resulting from your implant including medical expenses, pain and suffering, lost wages, costs of permanent disabilities and other out-of-pocket expenses.

While many other firms have seen a drop in the number of metal hip implant clients, Sullo and Sullo attorneys have actually seen those numbers climb. Andrew Sullo, Class Action Lead Counsel & Managing Partner at Sullo & Sullo notes that “Although many firms have noticed a slowdown in the number of clients hiring them for DePuy ASR and Pinnacle lawsuits, our firm has not. I believe that is because we are constantly offering our clients new and updated information. Our job is to inform all metal-on-metal hip recipients that even though their hip may not have failed yet, it could and after August 26^th they may lose their rights to recover compensation from Johnson and Johnson.”

Author: Sullo & Sullo Attorneys

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