DePuy Hip Lawsuit
08/03/2012 DePuy Hip Lawsuit: The DePuy Hip Lawsuit concerns patients of hip implant replacements which proved to be defective and required a revision surgery. To reach DePuy Lawsuit attorneys who are currently investing in DePuy Hip Lawsuit cases, call Best Legal Source today.
DePuy Hip Lawsuit Cost for DePuy Hip Lawyer Representation
The DePuy Hip Lawsuit may differ from your typical expectation of expense for legal representation. When Best Legal Source connects you with a DePuy Hip Lawyer, we ensure that the percentage fees are fair and that they will work on a contingency fee basis. This means if you don’t win, you don’t pay. Also unique to the DePuy Hip Lawsuit is that there is no upfront cost for you. The DePuy Hip Lawyer will receive their percentage amount through a portion of the winnings and you will not pay expenses out of your own pocket. Best Legal Source can be reached through the contact form above or by phone at the number below.
DePuy Hip Lawsuit Background for Prospective Plaintiffs
After a DePuy Hip Recall, it may be tempting to sign with the first DePuy Hip Lawyer you hear of. It is important to contact a lawyer who is knowledgeable and experienced in the DePuy Hip Lawsuit. Best Legal Source thoroughly screens available DePuy Hip Lawyer groups to find the best one for your DePuy Hip Lawsuit. A DePuy Hip Lawyer can determine if you qualify for a DePuy Hip Lawsuit and will stand up for your rights. Please utilize the free, efficient services offered by Best Legal Source. It is worth your time to have a company familiar with legal action on your side as you begin the process of a DePuy Hip Lawsuit.
DePuy Hip Lawsuit and the DePuy Hip Recall
Many lawsuits have been filed against the Johnson and Johnson company over the Depuy Hip Recall. Reports said that most of the patients subject to the recall will be required to undergo a second hip replacement surgery following the onset of side effects. Those who have been injured by the DePuy hip replacement systems are encouraged to contact an experienced DePuy Hip Lawsuit lawyer to help them recover financial compensation for their medical expenses, pain and suffering, as well as future losses through a DePuy Hip Lawsuit.
Benefits of Compensation through a DePuy Hip Lawsuit
A DePuy Hip Lawsuit could be necessary to assist in covering any further treatments and surgeries resulting from your hip failure. Compensation may include payment for past, present and future medical therapies, lost wages, pain and suffering. If you have experienced continued pain, inflammation, difficulty walking or other DePuy ASR Hip Replacement side effects, you may be entitled to monetary compensation. Before you accept DePuy’s settlement offer, contact a lawyer experienced in the DePuy Hip Lawsuit. A DePuy Hip Lawyer will protect your legal rights and determine if you qualify for a lawsuit.
DePuy Hip Lawsuit Facts
DePuy Orthopedics issued a voluntary recall of its ASR XL Acetabular Hip system and DePuy ASR Hip Resurfacing System. This Recall means additional testing and monitoring may be necessary. These systems first became available in July 2003. The DePuy hip replacement devices have been called into question because of their Metal-on-Metal construction that can cause fragments of metal to enter patients’ bodies with adverse effects, such as metallosis, releasing potentially dangerous levels of chromium and cobalt ions into the body. For more DePuy Hip Lawsuit background information, you can visit the U.S. Food and Drug Administration’s site for safety communications related to DePuy hip replacement models. You can also view the DePuy Hip Lawsuit excerpt below.
Contact Best Legal Source soon for the best chance at a successful DePuy Hip Lawsuit. We have many years of experience connecting injured patients with quality representation such as the DePuy Hip Lawyer. Fill out our information form above to be contacted by a Best Legal Source representative or call us today.
Added DePuy Hip Lawsuit Selection
The addition of an actual DePuy Hip Lawsuit has been inserted here for the reader’s benefit. Headings and comments pertaining to the DePuy Hip Lawsuit have been added through the excerpt. These segments should not be taken as legal advice since they were written by a representative at Best Legal Source who is not a lawyer.
Genevieve Lee Files DePuy Hip Lawsuit in Nevada
2012 WL 2839887 (D.Nev.) (Trial Pleading)
United States District Court, D. Nevada.
Genevieve H. LEE, an individual, Plaintiff,
DEPUY ORTHOPAEDICS, INC., a foreign corporation; Depuy International Limited, a foreign corporation; Johnson & Johnson, a foreign corporation; Johnson & Johnson Services, Inc., a foreign corporation; Johnson & Johnson International, a foreign corporation; Precision Instruments, Inc., a Nevada corporation; Does 1-10 and Roe Entities 11-20, inclusive, Defendants.
March 7, 2012.
Plaintiff, GENEVIEVE H. LEE, is and was at all times relevant hereto, a resident of Clark County, Nevada.
Description of Clark County DePuy Hip Lawsuit Facts
Among the introductory statements in the DePuy Hip Lawsuit, generally the facts will be given as they pertain to the DePuy Hip Lawsuit plaintiff. Below the DePuy Hip Lawsuit excerpt includes this section of facts. They may benefit the reader’s understanding of Genevieve Lee’s DePuy Hip Lawsuit filing.
Clark County DePuy Hip Lawsuit Chronological Details
Sometime prior to June 12, 2009, DePuy designed, manufactured, labeled and sold the DePuy ASR hip implant components which were subsequently implanted into Plaintiff’s body.
Defendant Precision distributed the DePuy ASR hip implant components which were subsequently implanted into Plaintiffs body.
On or about June 12, 2009, Plaintiff was implanted with a DePuy ASR hip implant on her right hip at Spring Valley Hospital by Russell Nevins, M.D. (“Dr. Nevins”).
Precision was responsible for educating Dr. Nevins regarding the DePuy ASR hip implant, answering any questions that Dr. Nevins had regarding the DePuy ASR hip implant, and convincing Dr. Nevins to purchase the DePuy ASR hip implant which was subsequently implanted into Plaintiff’s body.
Following the surgery, Plaintiff experienced constant pain and extreme weakness in her right hip.
From June 12, 2009 through the present, Plaintiff suffered personal and economic injuries as a result of the implantation with the ASR hip implant, including, but not limited to, constant and radiating pain, stiffness and limited ambulatory capabilities.
DePuy Hip Lawsuit Defendant Knowledge
At this point in the DePuy Hip Lawsuit, it is crucial to receive the knowledge of the DePuy Hip Lawsuit defendant. The DePuy Hip Lawyer describes in the following paragraphs, the DePuy Hip Lawsuit defendants role toward the plaintiff.
DePuy Hip Lawsuit Document Tells of DePuy Orthopedics
During this time, Defendants were aware of a high rate of failures of its ASR hip implants but did not provide this information to Dr. Nevins.
As a result of Defendants failing to provide this crucial information to Plaintiff’s orthopedic surgeon, Dr. Nevins had little reason to suspect that the source of Plaintiff’s ongoing pain and weakness was the result of the failure of the ASR hip implant.
Defendants did not provide this information in a timely manner and therefore the warning was too late to provide Plaintiff’s surgeon the valuable information needed to ensure proper care.
The recognition that the DePuy ASR hip implant had failed was delayed by the failure of Defendants to convey to Dr. Nevins the warnings regarding the product made by independent orthopedic experts and information regarding other failures of DePuy ASR hip implants.
As a result of this significant delay in the recognition that the DePuy ASR hip implant had failed, Plaintiff needlessly suffered pain and damage to the bones of her hip.
Upon information and belief, the DePuy ASR hip implant implanted in Plaintiff’s body has failed to achieve proper bone ingrowth into the cup and has failed to achieve proper fixation.
Upon information and belief, the DePuy ASR hip implant implanted in Plaintiff’s body generated excessive metal debris. Ultimately, Plaintiff will have to have the ASR hip implant explanted and replaced with a non-defective device.
Resulting Complication from DePuy Hip Lawsuit Defendants’ Inaction
A medical device company has the responsibility to supply the DePuy Hip Lawsuit plaintiff with all necessary knowledge including any risks of the product. The DePuy Hip Lawsuit has occurred because the plaintiff was not aware of the health effects she would have upon implantation of the hip replacement device. The following excerpt describes the rehabilitation process of the DePuy Hip Lawsuit plaintiff.
Rehabilitation of DePuy Hip Lawsuit Plaintiff
Following surgery to remove the defective DePuy ASR hip implant, Plaintiff will be subjected to a long and painful rehabilitation process.
Plaintiff has suffered injuries as a result of implantation and will face future injuries from explantation of the DePuy ASR hip implant manufactured by Defendants.
The failure of the DePuy ASR hip implanted in the body of Plaintiff was a direct result of the defective design of the DePuy ASR hip warned of by orthopedic experts in 2005, and of which Precision was aware at the time that Precision sold the DePuy ASR hip implant to Plaintiff.
The Defendants by their actions or inactions, proximately caused Plaintiff’s injuries.
Plaintiff could not have known that the injuries she suffered were a result of a defect in the ASR hip implant until after the date the device was recalled from the market and the plaintiff came to lear of the recall.
Plaintiff could not have known that she was injured by excessive levels of chromium and cobalt until after the date she had her blood drawn and she was advised of the results of said blood-work.
As a result of the injuries Plaintiff sustained, she is entitled to recover compensatory damages for pain and suffering and emotional distress and for economic loss as well as punitive damages.
Failure to Disclose as DePuy Hip Lawsuit Charge
Directly tied to the above excerpt in the DePuy Hip Lawsuit is the following excerpt which states the DePuy Hip Lawsuit defendants failed to disclose necessary information. The DePuy Hip Lawyer alleges this in the content following. The DePuy Hip Lawsuit document is responsible for all allegations below. This content should not be taken as legal opinion from Best Legal Source.
Continued DePuy Hip Lawsuit Document of Genevieve Lee
Precision failed to disclose information concerning the DePuy ASR hip implant which was known at the time Plaintiff purchased the device and was used to induce Plaintiff’s orthopedic surgeon and Plaintiff into purchasing the ASR hip implant, including but not limited to:
a. Failing to disclose that independent experts from around the world were warning that the design of the ASR hip implant was flawed;
b. Failing to disclose that orthopedic experts were warning that the ASR hip implant cup was too thin and prone to deformation;
c. Failing to disclose that the clearance between the ASR hip implant cup and head was too small and patients could experience jamming of the components;
d. Failing to disclose that the treatment of the metal used for the ASR hip implant was prone to increased wear and caused excessive metal debris;
e. Failing to disclose that the ASR hip implant cup failed to obtain bony ingrowth and became loose; and
f. Failing to disclose that by 2005, the ASR hip implant cup was shown, in Australia, to have a 4-fold higher rate of revision than similar cups of competitors.
These representations and omissions were made directly by Precision, by sales representatives and other authorized agents of Precision and in publications and other written materials directed to physicians, medical patients and the public, with the intention of inducing reliance and the prescription, purchase and use of the DePuy ASR hip implant.
TWENTIETH CLAIM FORE RELIEF
The acts of Precision described herein constitute violations of Nevada’s Deceptive Trade Practices Act, in that Defendants:
a.) Knowingly made false representations as to the characteristics, ingredients, uses, benefits, alterations or quantities of goods for sale or lease (NRS 598.0915(5));
b.) Knowingly made other false representations in a transaction affecting Plaintiff. (NRS 598.0915(15));
c.) Failed to disclose a material fact in connection with the sale of goods or services (NRS 598.0923)2)); and/or
d.) Made assertions of scientific, clinical or quantifiable fact in an advertisement which would cause a reasonable person to believe that the assertion is true without factually objective scientific, clinical or quantifiable evidence which substantiated the assertion at the time it was made (NRS 598.0925(1)(a)).
As a direct and proximate cause of this breach, Plaintiff has suffered severe physical distress and injury, emotional distress and injury; incurred medical and other expenses; suffered shame, humiliation and the inability to lead a normal life; and she has suffered loss of enjoyment of life. Some of her injuries and losses are permanent in nature and plaintiff will continue to suffer such losses in the future.
End of DePuy Hip Lawsuit Excerpt
The DePuy Hip Lawsuit Could Include You!
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Depuy Hip Lawsuit Resource Page
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