Fort Worth Injury Lawyer Blog

For the past two years, claim after claim has been filed against Johnson & Johnson subsidiary DePuy for their questionable ASR metal-on-metal hip replacements. As the two year anniversary of the manufacturer’s voluntary product recall is upon us, the window of opportunity to file your claim may be closing. It’s time to take action.

In August 2010, DePuy issued a voluntary recall of its ASR hip replacement system “after receiving new, then-unpublished data from a joint replacement registry in the UK.” More hip replacement patients than previously expected or reported to DePuy had to undergo a revision surgery. This process is painful, unfair and frustrating.

At Borchardt Law Firm, we strongly encourage those who have been affected by faulty medical devices to speak up, learn your rights, and file your claim. The time is now! Nobody should have to walk wounded daily, especially when it’s not their fault. If you or a loved one received a DePuy hip implant between 2005 and 2010 and are experiencing pain or adverse effects, don’t fight this alone. Give us a call; it may not be too late for you to receive the justice and wellness you deserve.

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A recent survey shows that specialists have decreased their use of travsvaginal mesh (TVM) for the surgical treatment of pelvic organ prolapse (POP).

In July 2011, the U.S. Food and Drug Administration issued a warning that TVM products put patients at a higher risk of developing adverse effects from the procedure. The FDA continued to say that “…serious complications associated with surgical mesh for transvaginal repair of POP are not rare.”

Earlier this month the American Urogynecologic Society held its 33rd Annual Scientific Meeting in Chicago. At the event, a team headed up by Catherine Matthews, MD, from the Univeristy of North Carolina Chapel Hill presented the results of a November 2011 survey for surgeons. This survey’s purpose was to determine whether practitioners were heeding the TVM warning issued by the FDA just months before.

The survey revealed that almost one-fourth of the 281 specialists surveyed were observing the FDA warning by decreasing the use of vaginal mesh to correct POP cases.

Because of the potentially dangerous effects of TVM procedures, at Borchardt Law Firm, LLP we see the results of this survey as extremely positive. Thousands of women are currently suffering pain because of complications with this all too often faulty procedure. It’s exciting to see tangible results of doctors moving away from mesh solutions.

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New data show that metal-on-metal hip implants are not linked to an increased risk of cancer within the seven years after the procedure.

Although these typically harmful medical devices have caused a multitude of other health defects, the U.K. National Joint Registry (NJR) stated earlier this month in their annual report that it cannot link the hip replacement surgery with cancer in the short term.

While this is good news for hip replacement patients and the medical community, the NJR also said, “We must, however, point out that many cancers have prolonged latency after initial exposure to carcinogens and thus long-term follow up is needed to provide a definitive answer.”

Big-name manufacturers that have faced lawsuits include DePuy Orthopaedics and Stryker Corporation. Manufacturers such as these must be held responsible for the adverse effects of their products that suffering patients must endure. Metal-on-metal hip implants have extremely high failure rates. Although they are expected to last an average of 15 years, an estimated 80% of DePuy implants fail just 8 years after surgery.

Problems after surgery range from pain, swelling, limited mobility, trouble walking, and dislocation, to a very serious disease called metallosis. The grinding that occurs between parts of the hip replacement can release metal debris into the body and bloodstream, causing the blood levels of chromium and cobalt to become dangerously high. This metal poisoning in the blood can cause cardiovascular, neurological, thyroid and renal issues in the body as well as destroying muscle, tissue, and bone.

Many variations of these metal-on-metal replacements were FDA cleared by the 510(k) program, which acts as a fast track for getting innovations in medicine on the market. Although this process makes cutting-edge products readily available to patients in need, it has also proven to be dangerous. Because manufacturers don’t necessarily have to guarantee their safety or effectiveness as they would in a typical FDA clearance, corners are cut and consumers are put in potential harm.

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The legal controversy surrounding transvaginal mesh procedures is nothing new. The complications with surgeries, warnings from the U.S. Food and Drug Administration, abounding lawsuits, and unhappy patients seem to be ever-present in the media. However, something that may have been flying under consumers’ radars is that some drug manufacturers are under scrutiny for deliberately withholding vital information from consumers.

On Aug. 8, 2012, New Jersey judge, the Honorable Carol E. Higbee, issued an Order for drug manufacturer Ethicon to release all of their communications with the U.S. Food and Drug Administration (FDA). Ethicon is a subsidiary of healthcare superpower Johnson & Johnson. Higbee has presided over all transvaginal mesh (TVM) lawsuits filed in New Jersey state court. Although FDA warnings for TVM cases have been in effect since 2008, after thousands of cases Judge Higbee continues to crack down on these companies to hold a high standard of transparency.

The mesh treatment was originally known as the magic cure for urinary issues and bladder, bowl and uterine prolapse. Over time, procedure complications can cause mesh erosion, contraction, migration and exposure, as well as the formation of scar tissue.