LegalHow the ASR XL Acetabular System Became “Substantially Equivalent”
By Taylor Lindstrom

A 30-year-old man needs a hip replacement. His surgeon recommends a DePuy ASR XL Acetabular system because its metal-on-metal design is more durable and allows for a more active life. Following the doctor's recommendations, the young man gets the DePuy hip implant. read more >>

Legal Considerations (For MoM’s only):

I spent over a year on this. Well before the class action attorneys’ began to advertise on TV, cable and print, I was quietly researching law firms. Here are a few things I found:

  1. Stay away from those legal firms who advertise as above. Many are simply gathering the information from you and will “feed” this to others they work with in other firms across the country.

  2. Know what a class action is and what an individual case is. Some attorney’s will want you to be in a class action suit. These are helpful to those who are mass injured and plaintiffs get a great deal of publicity for the law firms who are more handsomely compensated than the plaintiff. (as of Jan. 2015), most of the opt-in DePuy, Biomet, and Stryker cases have settled. Smith & Nephew has not nor has DePuy for the Pinnacle MoM system.

  3. Understand the proceedings with the MDL (Multidistrict Court) and keep abreast with what is happening there with the judge assigned to this case (Put in DePuy as your search term and you will get updates). Many will come from attorneys and press releases by them but also mainstream media outlets, particularly the New York Times and the Wall Street Journal. Those who filed in Federal Court will be assigned to that judge and his courtroom venue. Others who file as individuals in their local area or the area of legal counsel will file in their State.

  4. Do not register your hip with any site that says or any site with a .com at the end. They may look official but they are direct marketing companies or other sites set up as mircrosites for the attorneys trying to get leads. There is no National Joint registry in the US. Some hospitals have set up their own internal registries for their patients to track devices but this is one of our issues and at the heart of the problem we encounter.

Do understand that while attorneys may appear to be fighting for you against the “bad” manufacturer and their legal council, they all know each other well and end up congratulating each other on a job well-done once settlements have been made as in the case with 145 plus page DePuy Settlement. It may make your stomach turn. It’s the business. Don’t take any of it personally as much as it is so personal for you.


home | my story | lise markham bio | legal info | news | press | video | what you may not know | doctors | links | contact


Copyright © 2011-2015