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Over the past several years, patients who received hip replacements made by the DePuy Orthopaedics division of Johnson & Johnson have reported to their doctors that they’ve been suffering severe pain. Some patients spent years trying to convince their doctors that something was wrong with the artificial hips they had, while Johnson & Johnson spent those same years denying that there was a problem. DePuy recalled the artificial hip devices in 2010, amid rising failure rates—typically, hip replacements should last 15 years or more, whereas an estimate on these devices indicated that in five years, 40 percent of the patients who received it would need it replaced.

What Happened With the Devices?

The recalled device, known as the Articular Surface replacement or A.S.R., is now known as one of the most-flawed medical implants sold in the U.S. over the past few decades—the A.S.R. had a metal ball and metal cup, and as it wore down, it shed metal debris, creating particles that damaged tissue and, for some patients, caused crippling injuries.  The A.S.R. was implanted in roughly 93,000 patients beginning in 2003, and so far in the U.S., about 12,000 legal claims have been made regarding the A.S.R.s—about 8,000 of those claims involve patients who have already undergone operations to have the device removed and replaced.

What’s Next?

So far, only two lawsuits have made it to trial, with split results – in March 2013, a Los Angeles jury ordered DePuy to pay a Montana man $8M in damages, while in August 2013, a Chicago jury sided with the manufacturer. Now, under a new agreement announced in November last year, Johnson & Johnson would have to pay $2.5 billion in damages to those 8,000 patients, though medical expenses related to the replacement of the devices could cause that figure to rise to $3 billion. Payouts will differ from patient to patient, with patients who had the device longer receiving smaller settlements. Other factors may reduce the amount of the payment as well, including how old the patient is, if they smoke, and if they are overweight.

If you have experienced problems after a medical procedure, contact a personal injury or medical malpractice lawyer today.

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Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at http://www.aiopia.org/selection/.

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at http://www.naopia.com/selection-process.

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

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  • Top Attorneys Diamond Member

  • Top Attorneys of North America 2019-2020

  • The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.

  • As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.

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