However the recent FDA proposal does not address all the concerns with the devices. DePuy identified reasons for the failure of the hip replacement as component loosening, misalignment, infection, bone fracture, dislocation, metal sensitivity, and pain. Problems with the devices go beyond the risks of replacement surgeries. Additional complications may include:
- Residual - possibly deadly - metal fragments going undetected for years;
- Increased metal ion levels in the blood;
- Bone staining;
- Nerve, tissue and/or muscle damage or necrosis;
- Damage to the central nervous system including thyroid and heart;
- Poisoning of major organs causing genetic changes and increasing cancer risks, particularly to the kidneys and bladder.
Another factor in J & J's willingness to settle the suits may be their agreement, in September 2007, along with three other companies to pay $311 million in fines - without admitting any wrongdoing - to resolve U.S. Department of Justice allegations that they paid physicians kickbacks to use their artificial hip and knee products. The settlement agreement allowed the companies to continue to enter into product development agreements with doctors, compensating them with royalties based on future sales. DePuy paid nearly $48 million to doctors in 2009 and almost $33 million in the first 9 months of 2010.
For more information about post-settlement financing, DePuy litigants and their attorneys should contact RD Legal Funding at 1-800-565-5177 or go to legalfunding.com. Founded in 1997, RD Legal Funding is now one of the nation's leading providers of post-settlement lawsuit funding to attorneys and plaintiffs.
SOURCES:http://www.reuters.com/article/2013/01/17/us-fda-hips-idUSBRE90G0W520130117 http://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/ImplantsandProsthetics/MetalonMetalHipImplants/default.htm http://www.prweb.com/releases/rottenstein-law-group/wright-hip-lawsuit/prweb10338691.htm http://www.reuters.com/article/2013/01/18/us-jj-hips-idUSBRE90H18E20130118 http://www.bloomberg.com/news/2013-01-18/j-j-said-to-offer-implant-pact-that-may-reach-2-billion.html SOURCE RD Legal Funding