Happy New Year

As always, we take a look back at the year behind us and the year ahead, with great anticipation as to what is to come. We carry with us lessons of the past and look confidently forward, as we always do, secure in the knowledge that we are Americans and can do anything to which we set our minds.

With every new year, comes greater challenges and obstacles in life. Each day we meet these challenges with grit and zeal and hence overcome them. So, as the New Year begins, let us congratulate one another and wish each other love and happiness in the coming year. May this year bring immense joy and fun to your life. You truly made our year special and we wish you continue to do so. May God Bless. Happy New Year!

2014 Defective Hip Lawsuit Updates

Thousands of defective hip lawsuits have been settled and thousands more are still pending nationwide against medical device companies that sold metal-on-metal hip implants. Many defective hip replacement lawsuits now allege hip failure caused by metal cobalt and chromium damaging tissues in the hip area with differing failure rated depending upon the manufacturer. As the year comes to an end, here is a list of defective hip lawsuit updates:

In July 2014, Johnson & Johnson agreed to pay the state of Oregon $4 million to resolve deceptive marketing claims over recalled metal-on-metal hip implants.

In October 2014, Johnson & Johnson has agreed to pay more than $250 million to resolve lawsuits over its ASR hip implants that were excludes from a $2.5 billion settlement of similar claims in 2013, over the device’s failure (Feeley, 2014).

In October 2014, a Dallas jury concluded that Johnson & Johnson’s DePuy unit’s design of a metal-on-metal version of its Pinnacle hip implants isn’t defective, ruling against a woman who alleged the devices poisoned her. Herlihy-Paoli’s suit is the first of more than 6,000 cases over the Pinnacle hips, first sold in 2005.

In November 2014, Stryker Corp. agreed to pay more than $1 billion to resolve lawsuits over thousands of hip implants recalled in 2012, after patients complained of pain, swelling, and metal debris from the devices. The company will pay a base amount of $300,000 per case to patients who had the devices surgically removed.

In late November 2014, Johnson & Johnson agreed to pay as much as $1 billion to insurers who covered the medical costs of removing its recalled hip implants under a Nov. 19 settlement. The deal would also pay patients at least $2.47 billion to settle about 8,000 claims against its DePuy unit.

Approximately 2,000 cases are currently pending in the Biomet M2A Magnum Multidistrict Litigation (MDL) underway in the U.S. District Court for the Northern District of Indiana. According to court documents, the cases were filed on behalf of claimants who allege complications such as metallosis, pseudotumors, and other adverse effects secondary to the metal-on-metal design of the implant. The court granted approval for a propose settlement of the Biomet M2A Magnum lawsuits in early 2014. Under the settlement , plaintiffs who underwent revision surgery, (removing the hip) are entitled to a base award of $200,000. Court documents indicate the Biomet settlement would need to be accepted by 90% of eligible plaintiffs in order to be accepted.

Merry Christmas

It’s that time of year again when we focus on the birth of Jesus Christ the Savior. Luke 19:10 “For the Son of man is come to seek and to save that which was lost.”, states the purpose for that baby Jesus coming to earth. He came to save what he termed the lost. That means those that are sinners. (which we all are), on their way to an eternal separation from God. Oh what a savior, that he would come to earth and go through a horrific death for sinful mortals.

Caring Hearts USA continues to bring joy and blessings to our hearts. We made some positive changes to better align our vision with our business strategy. Since implementing these changes, we are happy to report our veteran is making some progress. This is a brutal fight but well worth the battle. All our efforts are focused on getting the help our veteran desperately needs at this point.

This has been a very interesting year, bringing many adjustments to our lives. It has been a year of drawing closer to God and resting on many of his promises. Again my hearts says, oh what a savior!

Happy Veteran’s Day

Across this great nation and throughout the world, Americans will pause this November 11, 2014, to honor our brave fighting men and women. For over 230 years, our brave men and women have underwritten our freedom by their duty, honor and selfless service. We recognize that all our veterans have given something of themselves to this country, and some have paid the ultimate price with their lives to defend the freedoms we all hold so dearly.

We reflect on the blessings of our liberty, and we ask God, that we may be faithful stewards of the freedom we have been granted. Yet, we must never forget that we cannot rightfully celebrate “Veteran’s Day” without pausing for a moment to remember the great price paid for that freedom.

For those soldiers who have stood guard in peacetime, and to those who have seen the terror, the horror and inhumanity of combat, and to those who paid the ultimate sacrifice. Let it be said that our soldiers have answered America’s call, and defended the Constitution of the United States.

For all veterans, regardless of their service and the era in which they have served, they have paid the price time and time again. They have defended America through both the best and worst of times…. and they have performed their duties tirelessly, with little recognition or fanfare.

They have sought neither fortune nor fame. It was merely a simple love of America and the freedoms we all cherish so much. Soldiers know what it is like to stand guard in the chill of the night while others sleep.

Our troops understand the true meaning of hardship… standing watch at freedom’s frontier far from their loved ones… It is this devotion to duty that gives us all strength.

On this day, we say “Thank you” to all of our veterans. We appreciate your dedicated service to our country in peacetime and war, here in this nation and throughout the world. May God Bless you, God Bless our Troops and veterans, and may God continue to bless the United States of America.

Texas Jury rules in Favor of Johnson & Johnson

A Texas jury ruled unanimously against the plaintiff Kathleen Herlihy-Paoli, who accused DePuy of negligence, after receiving two Pinnacle hips in 2009, which were used with the Ultamet metal liner. This created a metal-on-metal hip, which was allegedly defective.

The problem stems from metal parts rubbing together and shedding toxic debris around her artificial hip. The level of cobalt in her bloodstream elevated to 85-times normal levels, she developed an infection, and incurred a series of revision surgeries.

DePuy had said the implants were improperly positioned, and not to blame for her injuries. Jurors deliberated for two days, after a seven-week trial. The jury found that the Ultamet artificial hips sold by Johnson & Johnson’s DePuy Orthopaedics unit as part of its Pinnacle line of implants had no design defects and the company adequately warned patients and doctor’s about the devices’ risks.

In August 2013, the Ultamet was withdrawn from the market reportedly for marketing reasons and not safety concerns.

More than 6,400 lawsuit cases over the allegedly defective Pinnacle hip implants have been consolidated in the Dallas, Northern District of Texas federal court.

First Pinnacle Hip Replacement Lawsuit

Jurors are hearing the first Pinnacle hip replacement lawsuit of a 58-year old Montana woman. In September 2006, she received a Pinnacle hip system on her right side, and left side in April 2007, respectively.

After suffering from complications, she underwent revision surgery in 2010, and subsequently has undergone additional procedures since, according to court documents. In January 2013, the U.S. Food and Drug Administration (FDA) issued a warning that metal-on-metal hips were more likely to fail compared to other options.

J & J and its subsidiary, DePuy Orthopaedics, announced that the company would discontinue sales of its all-metal hip implants in May 2013, including those related to the Pinnacle Hip System.

The lawsuit alleges surgeons discovered that the hip turned black due to metallosis upon removal. Additionally, the device allegedly caused her to suffer elevated levels of cobalt in the blood, allegedly as a result of the Pinnacle’s defective design.

Metal-on-metal Hip Systems

Metal-on-metal hip systems are regulated under the Food and Drug Administration (FDA) 510(k) premarket notification program and classified as Class III (higher risk) devices. In addition, the medical devices are not required to undergo premarket testing or clinical trials before they are used in patients. Under the 510(k) program, manufacturers simply have to state that their medical devices are similar to medical devices already on the market.

In May 2011, the FDA ordered 21 prosthesis manufacturers to conduct post-market studies on their metal-on-metal hip systems. A year later, an FDA panel concluded that there is little benefit for surgeons to continue using metal-on-metal hip implant systems. The FDA said “a decision on the proper classification of metal-on-metal hip systems is forthcoming.”

This fails to bring comfort to those seriously injured by these all-metal implant systems. People are stunned to learn Congress entrusted the FDA with protecting the general public. However, the FDA’s actions appear to be favorable to business, but offers little protection for those injured by metal-on-metal hip implants with the 510 (k) premarket approval.


Most manufacturers have already pulled their metal-on-metal hip implants from the market due to the growing number of patient injuries. These widespread patient injuries prompted an increased regulatory focus, numerous medical studies, and negative publicity. In addition, manufacturers are also faced with thousands of product liability lawsuits from patients seeking compensation for their injuries. Some manufactures have agreed to settle these hip replacement lawsuits. For instance, DePuy Orthopedics, a subsidiary of Johnson & Johnson, reportedly agreed to settle some 8,000 lawsuits for an estimated $2.5 billion.

Nearly one-third of surgeries performed in the U. S. have been with metal-on-metal hip implants over the past several years. This is a vital concern because hundreds of thousands of hip recipient’s undergo hip replacement surgery in the U.S. each year. The manufacturers of these devices taunted in the past that the chromium and cobalt pieces that make up the ball and socket joints are more durable than other similar implants.

This option became quite attractive for many younger patients with the desire to have an active lifestyle and improved quality of life. However, the metal-on-metal hip implants have recently come under fire by many critics with voiced concerns that all-metal hip implants may be responsible for tissue and bone damage. The tissue and bone damage has led to the need for revision procedures for hip recipients much sooner than surgeons originally projected. Revision procedures are not only risky for patients but costly as well.


Metal-on-metal (MoM) hips were originally marketed as an alternative to the traditional ceramic or plastic hips and were targeted for the younger, more active patients. Many of these younger patients are in their 40s and 50s, faced with a lifetime of injury and complications ahead. Patients with a lifetime injury and complications allegedly caused by the metal-on-metal hips are likely to endure a longer recovery process after revision surgery.

Many hip recipients with hip replacement failure have reported numerous problems. These problems include: breakage (primarily caused by constant weight-bearing stress), fractures (typically near the artificial joint), loosening of the attachment between the bone and the artificial device (both in cemented and un-cemented artificial joints), wear and tear on the parts, pain and stiffness caused by the loosening of the attachment between the implant and bone, instability (typically occurs when the artificial joint dislocates), and infection.

These problems can lead to the need for revision surgery, and may require a lengthy recovery process. There are no guarantees revision surgery will ever fix the problem (s). Your surgeon will explain this to you during your surgical consultation.