In an alarming October 15, 2010 court filing, Johnson & Johnson subsidiary DePuy Orthopaedics denied Gulf War veteran Scott Almhjell’s claim for the injuries that he suffered when DePuy’s recalled hip replacement had to be surgically removed from his body. DePuy argues that Mr. Almhjell was not injured at all, or that if he was, he caused his own injuries and does not deserve compensation.
Scott Almhjell is a Gulf War veteran who lives in Scottsdale, Arizona. When he needed a hip replacement in 2007, his doctor used DePuy’s ASR hip implant. At this time, DePuy knew that the ASR implant had failed in several other people, and that those patients had to undergo surgeries to remove the defective hip implant. Despite this knowledge, DePuy still sold the defective hip replacement to Mr. Almhjell without telling him about the known problems with the device. Mr. Almhjell’s ordeal with DePuy’s hip replacement recall was recently profiled by TV3 in Arizona:
Three years later, after hundreds of people had the ASR hip replacement catastrophically fail in their body, DePuy couldn’t hide its problem any longer. In August 2010, DePuy finally recalled the ASR implant and admitted that it failed in 13 percent of patients, and that these people had to undergo surgery to remove them defective hip replacement.
Tragically, Mr. Almhjell was one of the 13 percent of patients whose hip implant failed. He had to undergo a painful, risky, and complex surgery to remove and replace the defective hip replacement. He still suffers with daily pain caused by DePuy’s recalled hip replacement and his injuries may be permanent.
In August, Mr. Almhjell filed a claim seeking to recover the damages that DePuy’s hip replacement recall caused. In a response filed last week, DePuy denies that Mr. Almhjell was injured at all, and argues that if he was injured, it was because of an “unforeseeable illness, unavoidable accident, or preexisting condition, without any negligence or culpable conduct by DePuy Orthopaedics.” DePuy also claims that Mr. Almhjell was negligent, careless and at fault and conducted himself so as to contribute substantially to his alleged injuries and damages.” DePuy argues that such “negligence, carelessness, and fault” bars Mr. Almhjell from recovering damages against DePuy.
Brian Devine, a former executive at a global manufacturer of hip implants who now represents Mr. Almhjell and other victims of DePuy’s hip replacement recall, warns victims of DePuy’s hip implant recall about DePuy’s denial of claims. “Johnson & Johnson and DePuy have an army of defense lawyers and insurance adjusters who are protecting their interests,” Mr. Devine said. “With DePuy now blaming innocent victims, patients who have one of DePuy’s defective hip implants should consider whether they should have an attorney who protects their interests.”
HIP REPLACEMENT RECALL CLAIMS
We currently represent victims from across the country who had a DePuy ASR Hip that failed due to this defect. If you or a loved one suffered an injury caused by a metal-on-metal hip implant, you may be entitled to recover damages in a lawsuit against the manufacturer.
OUR HIP REPLACEMENT RECALL ATTORNEYS
We have an unparalleled depth of knowledge about hip implant litigation that comes from years representing orthopedic companies. For example, the firm’s partner, Brian Devine, worked for years at Sulzer Medica, a global manufacturer of hip and knee implants. As its Assistant General Counsel, Brian was responsible for all of the firm’s product liability cases worldwide. When the company suddenly had to recall several thousand hip and knee implants in December 2000, Brian was given lead responsibility for managing the resulting avalanche of litigation. He managed thousands of individual cases and directed attorneys in almost every state in the country. He then took a leading role in negotiating a nationwide class-action settlement which provided $1 billion in compensation to those who were injured by Sulzer Medica’s hip and knee implants.
Brian now uses his experience to help victims who are injured by orthopedic products. His legal and medical knowledge combined with the unique perspective he gained while working for a medical device company makes him a formidable adversary. Brian’s skill as an advocate is best proven by his results. In the last few years alone, he has recovered more than $20 million for his clients. He has scored five victories in excess of $1 million, and his largest victory is a $3.7 million settlement on behalf of a single client.
We have offices in San Francisco, California. We represent injured persons nationwide through our network of experienced and dedicated attorneys.
Our description of your legal rights is not intended to imply that any product is defective. That can only be determined through a case-specific investigation. This site is not affiliated in any way with any manufacturer of hip implants.