Lawsuits against J&J for defective hip implants

J&J has had a rough time of late with the J&J talcum-powder lawsuit in which victims argued the use of such powder was a strong cause for ovarian cancer. On top of that we have the ongoing cases for hip replacement products that have been pursued across the world for several years now.

A $1 billion (£813 million) fine was slapped on both J&J and its subsidiary, Depuy Orthopaedics, after a Texas jury found that the metal-on-metal Pinnacle hip implants were defectively designed, and that no warnings were given to consumers to highlight the risk.

The device is said to have been designed defectively, allowing metal particles to make their way into the recipient’s bloodstream. Six Californian victims who had the hip replacement devices implanted were awarded more than $1 billion (£813 million) having suffered soft tissue necrosis (tissue death), bone erosion, and other injuries related to the design of the device.

Just days after the Texas lawsuit, an Indiana victim filed a lawsuit in a similar case.

The Indiana victim filed the suit in New Jersey, claiming that the individual had “suffered substantial injuries and damages” from the hip replacement made by DePuy Orthopaedics. Further to this, the man claims he suffered “constant debilitating pain and instability” due to “friction wear from the movement at the joint” after undergoing a total left hip replacement in 2008. The man then had another hip replacement procedure to fix the alleged issues in relation to the device in 2014.

Lost trials

So far, DePuy Orthopaedics lost a trial involving the device and another where the courts ruled in the manufacturer’s favour. However, as lawsuits flood in, the pharmaceutical giant reportedly faces more than 8,000 lawsuits for the faulty hip replacement device.

“The DePuy hip implant, which is meant to last approximately 15 years, can fail within only a few years of surgery”, according to one law firm who has been investigating into the early failure of the hip implant.

British cases

According to official joint registry data, around 12,000 patients in Britain were fitted with the Pinnacle implants. The implant was circulated into use in the U.K. in July 2003, but then stopped seven years after in 2010.

The implant was supposed to be a new invention that prevented patients from losing too much tissue and bone when it was inserted. However, surgeons began reporting problems associated with the implant in 2007.

The issue was raised by Belfast orthopaedic surgeon, David Beverland, who then addressed this issue with DePuy engineer, Graham Isaac in 2006.

The following year, Dr Beverland ceased use of the implants.

In 2007, there were multiple reports of patients returning to hospitals due to the pain that the implants had caused them. A research team led by Dr David Langton from the University Hospital of North Tees found that the metal implants could wear away at an accelerated rate, and particles of chromium and cobalt could be released into the body. Dr Langton believes that up to 20,000 patients in the U.K. received the defective implants.

Following this, DePuy proceeded to recall the hip implants. The voluntary recall was done “in the best interests of patients”. In 2012, the Medicines and Healthcare Products Regulatory Agency (MHRA) issued an alert to the NHS on a wide range of ‘metal-on-metal’ implants. They issued the alert on the basis of a ‘small risk’ that metal implants could cause future complications.

We have represented victims here in the UK and will continue to help new Claimants who may be eligible to make a case.