Tag Archives: Depuy Hip Recall Lawyer

Subrogation, Where Much Of The Hip Implant Settlement Money Will Go

We have a fair number of hip replacement lawsuits at the firm, so we follow all of the news related to them, including last week's article in the New York Times about "The High Cost of Failing Artificial Hips", which included a key point that hasn't received much attention in the press: In August, Mr. Dougherty underwent an operation to replace a failed artificial hip, but his pelvis fractured soon afterward. The replacement hip was abandoned and then a serious infection set in. Some of the bills: $400,776 in charges related to hospitalizations, and $28,081 in doctors’ bills. I can ... Continue Reading

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The Unintentional Message Of The “Worst” Drug And Device Court Opinions

[Update: Drug & Device Law has also released their list of "best" cases, and so I have responded.] First, a bow to my opponent. I reference the pharmaceutical company defense lawyers from Dechert at Drug & Device Law a lot here on this blog even though, as a plaintiff's lawyer, I'm always on the other side from them (one might even say they're on the wrong side of the law) because they write a great blog. They write detailed, passionate arguments about substantive issues of law, and they link liberally, involving others in the conversation. It's not that I haven't noticed you ... Continue Reading

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Medical Implant Manufacturers Lobby For Even More Special Legal Treatment

Another day, another multi-billion-dollar industry looking for a handout. This time it's the Wall Street hedge funds and venture capital funds — you know, the ones that talk "free market" but somehow always need government assistance — that have invested heavily in medical device manufacturers: As Congress considers reauthorizing a law that sets the fees for medical device makers, venture capitalists are emerging as a rich and influential ally of device companies eager to remove what they say are regulatory roadblocks in the approval process. The push has alarmed patient advocates and some doctors, who have been calling on the ... Continue Reading

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DePuy Tricks Hip Recall Patients Into Losing Legal Rights

The Executive Editor of the New England Journal of Medicine recently called the DePuy ASR hip replacement recall a "public health nightmare" and a prime example for why the FDA needs to fix the "510(k) clearance" loophole that allows the sale of certain medical devices — even implants — to be sold without any clinical data or testing. The Institute of Medicine, too, has recently recommended that 510(k) clearance be eliminated. In the meantime, 93,000 patients are stuck with defective ASR hip replacement implants with a shocking replacement rate: 21% revision rate at 4 years (up to 35% if all ... Continue Reading

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