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As an experienced Mass Tort Litigator, I was recently appointed to the AAJ’s Plaintiff’s Discovery Committee in the DePuy ASR MDL Litigation. The DePUy ASR MDL Litigation Group was formed in response to the DePuy’s August 2010 voluntary recall of their ASR Hip System. The chief complaint with this total hip replacement is the high early failure rate.
What counts as a failed hip replacement? The device loosens, which in most cases, will mean a revision surgery is needed. In more extreme cases, this can cause metal poisoning, which will also require a revision surgery.
DePuy is not the only orthobiologic manufacturer to recall one of their devices. Zimmer Holdings, Medtronic, Guidant, have all recalled various faulty devices within the past 10 years.
With the market for medical devices growing steady with a recent estimate of $2.3 billion in 2009 and expected to reach $6 billion by 2016 one can see this is truly an industry of high demand. However, in a bleak economy, where most business are doing what they can to cut corners, keeping up with the high demands and seeking large profits, can often lead to cutting resources, which might ultimately negative affect the consumer. Small, yet important things often get overlooked in the R & D process. Thus, Medical Device Litigation, is growing along with the market for the devices themselves.
