Philadelphia Injury Attorney Blog

Over the last three decades our experienced Philadelphia trial lawyers have successfully represented individuals who were injured as a result of medical malpractice as well as product liability due to design and manufacturing defects. Over the last few years, we have witnessed a recall of many surgically implanted medical devices due to mechanical failures or design defects. Notably and more recently in 2010, Johnson & Johnson recalled its ASR XL DePuy tabular metal on metal hip implant after data from a recent study indicated that there was a more than normal failure rate identified due to component loosening, component misalignment, infection, bone fractures, dislocation, metal sensitivity, pain, tissue damage, and muscle damage.

Our DePuy implant failure and recall lawyers have been investigating and litigating a number of these cases, and our investigations have revealed that many renowned physicians who were using this device were also victims because they had not been warned by the manufacturer that the devices they were using and implanting in their patients were dangerous. While many lawyers have chosen to litigate against the physicians for malpractice and negligence, our skilled product liability lawyers understand that in an era of medical malpractice caps and severe limitations on medical malpractice verdicts, it is important to explore all of the alternatives and to look in other directions. In fact, a doctor who unknowingly implanted a defectively designed or manufactured product is now in a position to be one of the best witnesses and advocates for the plaintiff.

In another case of which we have learned involving botched circumcisions, a minimal offer was made by the medical malpractice insurance carrier. However, a skilled team of product liability lawyers decided to investigate and research the circumcision device itself. A circumcision tool known as a “mogen clamp" was routinely used by physicians performing circumcisions. Unfortunately an investigation revealed that the mogen clamp had been linked to numerous penile amputations, and unlike other circumcision tools did not provide for protection for the head of the penis and was designed so that the physician could not see the head of the penis when applying the scalpel to the foreskin. The device’s manufacturer and distributor removed it from the market in 1994 after an injury report but did not recall the clamp or send doctors a warning letter. In 2000, the FDA informed the circumcision tool’s manufacturer to warn all doctors who might be using the clamp. However, the company did not do so.

Very simply put, the underlying product liability cases in these situations are much stronger than a typical medical malpractice or negligence situation and serve as a perfect example of how a creative trial lawyer with years of experience can think out of the box and do what is best for his client when traveling down a road often less traveled.

The skilled Pennsylvania medical malpractice and product liability lawyers of Reiff and Bily have consistently placed the safety of consumers and patients above the bottom line of manufacturers who design and manufacture defective products, and we always offer a free, no obligation consultation. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

As a result of an extraordinary amount of product failure, damage to health, lawsuits, and product recalls, the United States Food and Drug Administration has ordered manufacturers of metal on metal artificial hips to study them and report back. In early May letters were sent to 20 manufacturers of a popular class of hip implants requiring them to determine whether patients experience effects from the shedding of the material due to the fact that there have been numerous reports claimed of soft tissue damage and excessive levels of metal in the blood stream as a result of metal shavings coming off on a hip’s head due to metal upon metal contact and movement.

The FDA claims that it is not concerned about any particular manufacturer’s product at this time but rather the types of implants as a group. Approximately 250,000 artificial hips are implanted each year in America and approximately 1/3 of the 250,000 are metal upon metal versions. Metal upon metal devices have been manufactured by Johnson & Johnson, DePuy, Stryker, Zimmer, and Biomet. DePuy has recalled its popular ACR system in March which is made of a colbalt-chrome molybdenum alloy with a porous coating following a couple of previous Johnson & Johnson recalls. Experts claim that this situation is not unique to Johnson & Johnson’s DePuy implant product. Experts claim that they have known for some time that metal particles around implants can cause damage of bone and/or tissue surrounding an implant and joint.

Continue reading "FDA Has Ordered Manufacturers Of Metal On Metal Artificial Hips To Conduct Studies and Report Back - Defective Hip Implant Lawyer Weighs In" »

Over the past few months, our office has received inquiries from many individuals suffering extraordinary medical problems stemming from DePuy Orthopedic ASR hip implants. On August 26, 2010, DePuy Orthopedics, a unit of Johnson and Johnson announced a recall of its hip implants known as ASR XL Acetabular and AR Hip Resurfacing Systems. The DePuy ASR hip was implanted in over 93,000 patients worldwide and when it fails there are significant medical problems.

Due to a design flaw in the implant, many of the clients in cases we have investigated have been experiencing loosening and failure of the implant, as well as metallic poisoning. The ASR implant is a metal-on-metal implant. The friction of metal-on-metal causes microscopic shavings and debris to be released into the surrounding tissue and blood resulting in painful inflammatory reaction to tissue and high blood metal content leading to metallic poisoning. As we have comprehensively investigated these circumstances and have spoken to medical experts, it is apparent that replacement and additional surgeries often have less than optimum results, many times putting the patient in worse condition than prior to the original surgery. The secondary surgery often requires painful recovery and rehabilitation, leaving those in an infirm condition in a precarious state.

The experienced Pennsylvania product liability lawyers and DePuy hip implant recall lawyers of Reiff & Bily have taken an active role with the Beasley Law Firm and other national law firms to aggressively represent the interests of those who have sustained adverse consequences resulting in pain, suffering, and loss of compensatory damages as a result of a DePuy hip implant gone wrong.

For more information, please contact us online at www.reiffandbily.com or toll free at 1-800-421-9595. We have a successful track record in product liability cases for over 30 years.