Ex-spokesperson Joins Class Action Suit Against Hip Manufacturer

A former gymnast claimed that she has suffered severe pain due to her failed hip implant. Penny Brown, the 51 year old ex-gymnast, is in the process of filing a hip replacement lawsuit. Ironically, Brown was the spokesperson of the hip replacement device that has now failed her.

She used to encourage other people to get the hip implant. However, this time she joined hundreds of other individuals in filing a representative action against Depuy Orthopaedics, a subsidiary of Johnson & Johnson.

Penny Brown was advised to undergo revision surgery due to corrosion of the implant. Presently, she is recovering from the invasive surgical operation. She said in a statement, “I could not believe that I, who had so promoted and believed in the product, was falling victim to the design defect. The pain gradually became worse and worse and I was eventually told this year that I would need a revision as a result of the premature wearing caused by the ASR component. I cannot sit or stand for long periods and I’m a shadow of my former self, I’m no longer the hard working, vivacious woman I used to be and would still be if I had not had this implant. I’m extremely angry. As the poster lady for DePuy I’ve not only been let down personally but, as I encouraged others to have it, feel to some extent responsible for their suffering.” She continued, “I was due to have an ASR component for resurfacing of the left hip but the wrong size was delivered so I had to have a Birmingham hip implant instead. A few months later I had the other hip done with the ASA implant, which was heralded as leading technology allowing young patients to return to an active life, which I craved. I was told it would see me through well into retirement and reduce the likelihood of requiring further surgery during my lifetime. I was so pleased with the immediate results of the operations that I agreed to become the DePuy ‘poster lady’. I was included in all the promotional literature and taken to Monte Carlo to launch the product on stage, telling how the ASR transformed my life. I was the DePuys worldwide patient brand and my image was used extensively around the world over a five year period until 2008. Shortly afterwards I started to experience groin pain and a clunking sensation when walking – and then I discovered the product was being recalled. I’m terrified of ending up in a wheelchair. My entire life is on hold, I was offered a top job but had to turn it down because I need revision surgery and I don’t know how it will go. But I’ve never had a minute’s trouble from the Birmingham hip – if only I’d had it on both sides.”

The ASR hip replacement system has a high failure rate. According to reports, the implant's failure rate is double of what was previously anticipated. Based on the merged registry of Wales and England, more than 10% of ASR hip implant patients needed revision surgery after five years. As a result, more than a thousand implant patients were advised to meet with their physicians regularly for check ups.

Several personal injury law firms, such as the Rottenstein Law Group, have been helping injured patients with their cases. These law firms have created websites, such as the Rottenstein Law Group's rotlaw.com, to help monitor the status of lawsuits against the manufacturers of hip systems.

The Misfortunes Of Having A Metal On Metal Hip Replacement System

In 2009, a 57 year old patient named Susy Mansfield required a replacement hip. Thus, her doctor recommended a new and untried hip replacement device. Additionally, the hip device was all-metal. “He said, 'You're young. Metal is good for younger people. It's going to last a lot longer," recalled Mansfield.

In contrast to metal on metal hips, traditional synthetic hips are normally made of hard plastic and metal. These artificial hips are known to deteriorate after ten to fifteen years, particularly in individuals who have active lifestyles like Susy Mansfield. She has a recycling business and likes engaging in outdoor activities, such as kayak, hiking, and windsurfing.

Manufacturers of metal on metal hip replacement systems believe that an all-metal hip meant greater durability. They have designed these hips specially for younger patients who are more active. Unfortunately, all-metal hips were not the right choice for Mansfield and thousands of other hip replacement patients.

Not long ago, Mansfield was in an operating room at a general hospital in Boston, Massachusetts. She had been undergoing revision surgery to get rid of the metal on metal hip device implanted on her more than 3 years past. The device corroded and damaged the tissues and bones around it.  

Before undergoing hip revision surgery, Mansfield suffered from chronic pain that got worse. “It's terrible,” she admitted a couple of days before the surgery. And then she added, “It's a hot pain ... that's there all the time. Every step is agony.” She had to take pain pills in order to sleep.

Later on, Mansfield discovered that the metallic hip she had before the revision surgery was one of the recalled hips of Depuy Orthopaedics, a division of the manufacturing giant Johnson & Johnson. She said that she only saw the recall announcement a year after reading a newspaper article about complications related to the artificial hips.

Metal on metal hip systems became popular during the time of Mansfield's first hip replacement surgery, more than 30% of hip replacement patients had chosen to get all-metal hip devices. During that time, over 70,000 hip replacement surgeries involving all-metal hips were done every year. However, the all-metal hips have declined in popularity since then. In fact, many patients have already filed hip replacement lawsuits.

According to Dr. Joshua Jacobs, the head of orthopedics at Rush University Medical Center in Chicago, metal on metal hip devices have intolerably high failure rates. For this reason, over 5,000 hip replacement patients have filed lawsuits against all-metal hip device manufacturers. The process of filing these types of lawsuits may be confusing, fortunately, there are many dependable law firms to choose from.

According to consumer injury lawyers at the Rottenstein Law Group, “getting satisfaction from the company that harmed you shouldn’t be just more hardship. That’s why we do everything we can to streamline the process.“ Their website rotlaw.com contains valuable information on hip replacement cases.

Failure Rate of Metal Hip Replacements Alarms Canada

Hip replacements made only of metal supposedly last longer than normal hip implants, but recently, another manufacturer recalled a liner used in metallic hips. A British-based company, Smith & Nephew, announced that the clinical results of metallic hips were unsatisfactory. It was one among four companies to have issued a recall since the mid-2000 debut of metal-on-metal hip replacements.

The U.S. Food and Drug Administration intends to review the hip implant to determine how safe the device is for patients. In comparison to the standard metal-and-plastic hip devices, studies show that metal-on-metal hip replacements have a higher failure rate and are more likely to damage tissues around the joint. Therefore, Complaints against the manufacturers of metallic hip implants are growing.

Health And Consumer Organizations Remain Skeptical

Even after the approval of metal-on-metal hip devices, government and consumer organizations remain in doubt. Health Canada published a safety announcement in April, warning people that the device may come loose, cause pain, and damage tissues. The agency pointed out that patients who experience pain and have damaged tissues showing on the MRI must have the implants removed immediately.

Meanwhile, the FDA voiced its concerns on metallic hip replacements, warning patients that friction between the metal components of the device may release small metal particles that could damage surrounding tissues. Moreover, the FDA states that particles might enter the bloodstream and cause metal poisoning.

Effects On Canada

Thousands of Canadians were implanted with the metal-on-metal replacement hip devices. Some had their implants removed while others are allegedly having problems with their metallic hip replacements.

Frank Cristo, a man who underwent implant surgery a few years ago, mentioned that he experienced escalating pain. Thus, he decided to have his metal-on-metal hips replaced. “I was told metal-on-metal was supposed to be the best,” he said. “I was good for the first month or so then I started feeling pain all the time.”

One in every one hundred patients who has metal-on-metal hips develops swelling and pain. According to a research in Canada, a few patients developed tumor-like lesions that seriously damaged their muscles and tissues. Some patients may have filed hip replacement lawsuits for the damages they have suffered.

Doubt On Health Authorities

A study shows that two out of twenty two metal hips implanted in Canadian patients failed. The person who helped organize the study and is also the previous president of the Canadian Orthopaedic Association, Dr. Ross Leighton, assumes that the metal-on-metal hip replacements were not thoroughly studied before its approval.