Friday, June 29, 2012

FDA: Little Use for Metal on Metal Hips

FdaFda (Photo credit: Wikipedia)Source:  AP


The Food and Drug Administration has asked its 18-member panel to recommend guidelines for monitoring more than a half-million U.S. patients with metal hip replacements. The devices were originally marketed as a longer-lasting alternative to older ceramic and plastic models. But recent data from the U.K. and other foreign countries suggests they are more likely to deteriorate, exposing patients to higher levels of cobalt, chromium and other metals.

The FDA has not said that the devices should be removed from the market,  but most panelists said there were few, if any, cases where they would recommend implanting the devices.  "I do not use metal-on-metal hips, and I can see no reason to do so," said Dr. William Rohr of Mendocino Coast District Hospital, who chaired the meeting.  This is consistent with physicians in Great Britain and Australia who stopped installing metal on metal hips several years ago.

For decades nearly all orthopedic implants were coated with plastic or ceramic. But in the last 10 years some surgeons began to favor all-metal implants, after laboratory tests suggested the devices would be more resistant to wear and reduce the chances of dislocation.

But recent data gathered from foreign registries shows the devices fail at a higher rate than older implants. That information comes on top of nearly 17,000 reports to the FDA of problems with the implants, which sometimes require invasive surgery to replace them.

The pain and inflammation reported by patients is usually caused by tiny metal particles that seep into the joint, damaging the surrounding tissue and bone. The long-term effects of elevated metal levels in the bloodstream are not clear, though some studies have suggested links to neurological and heart problems.

About 400,000 Americans get a hip replacement each year to relieve pain and restore motion affected by arthritis or injury. Metal hips accounted for about 27 percent of all hip implants in 2010, down from nearly 40 percent in 2008. Doctors have begun turning away from the implants amid several high-profile recalls, including J&J's recall of 93,000 metal hips in 2010.

FDA's experts said Thursday that patients complaining of pain and other symptoms should get regular X-rays and blood testing for metal levels. However, panelists pointed out the problems with the accuracy of blood tests and the difficulties of interpreting the results. There are no standard diagnostic kits for sale that test for chromium and other metals

For patients who are not experiencing pain, panelists said annual X-rays would be sufficient to monitor their implants. If the FDA ultimately follows the group's advice, U.S. recommendations would be less involved than those already in place overseas. Earlier this year U.K. regulators recommend that all people who have the implants get yearly blood tests to make sure no dangerous metals are seeping into their bodies.

FDA regulators have suggested they want to take more time to sort out the differences between various implants and patient groups before making recommendations.

With little definitive data on U.S. hip implants, the agency has asked manufacturers like Johnson & Johnson, Zimmer Holdings Inc. and Biomet Inc. to conduct long-term, follow-up studies of more than 100 metal-on-metal hips on the U.S. market. FDA scientists say the studies will help "fill in the blanks" on a number of scientific questions, including the long-term effects of metal particles.

But public health advocates say it could take a decade before that information is available.

"Keeping these metal-on-metal hips on the market for the next five to 10 years while research is conducted is not ethical," said Diana Zuckerman, president of the National Research Center for Women & Families, during a public comment session at the meeting. "If the companies want to sell metal-on-metal hips, they should be required to prove their safety first.

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Monday, June 4, 2012

Smith and Nephew Withdraws Metal Hip Liner



Business Week reports that London based medical device company Smith & Nephew PLC is withdrawing a metal liner used in its R3 Acetabular Metal-on-Metal hip replacement system. The company stated that it pulled the device because it was "not satisfied with the clinical results" of the liner, and some patients needed an additional surgery to have the liner removed. The company reports that this device is an optional metal liner for its R3 Acetabular System hip device and current patients needing surgery will use a different plastic liner. Smith & Nephew claims that the pulling of this device is a precautionary move. These metal liners were developed with the hope of producing longer lasting results than the traditional plastic liner, but unfortunately, did not live up to expected standards.
The primary reason for recall is that the device produced a higher than desired level of patient problems or a higher than expected failure rate. Patients using this Smith & Nephew metal liner experience problems including infections, fractures and dislocations. There have been no reported instances of this particular device causing  "metallosis" or the build up of other metallic debris in the body, as reported in problems with other Metal-on-Metal hip implants. This liner was introduced in 2009 and 7,700 of the devices have been implanted in patients.
This is not the first time metal-on-metal hip implants have been subject to scrutiny. Metal-on-Metal hip implants generally have been linked to high rates of revision surgery and systemic complications, apparently because of component erosion and leaching of metal ions both locally and into blood circulation. In 2010, DePuy Companies issued a recall of its ASR metal-on-metal hip due to early failure rates. Problems surrounding the ASR device include increased blood levels of chromium and cobalt ions and possible necrosis, intense hip, thigh, and groin pain, a loss in overall mobility, and component misalignment and loosening.







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Tuesday, May 29, 2012

David Langton talks about configuration issues with the Depuy ASR

Training Orthopedic Surgeon David Langton from Newcastle University in the UK has dedicated the last three years of his life studying metal on metal hip replacements, specifically the ASR model, in an effort to attain his PHD. He believes that there is a problem with the configuration of the metal on metal hip replacement, namely the size of the cup. This causes wear to take in the "rim of the cup". "Chromium Cobalt ions concentrate in the hip fluid" and are also released into the blood. This subsequent accumulation of metal ions is "directly related to soft tissue damage and bony damage around the joints". His study has found that hip pain and groin pain are often noted side effects from these metal on metal hip replacements.  




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Saturday, May 19, 2012

US Drug Watchdog Urges All Depuy ASR Patients to Contact Attorneys

US Drug Watchdog, a group that identifies itself as the premier consumer advocate for victims of recalled drugs or defective medical devices in the United States to come forward and contact attorneys.  To date, only 3500 of the potentially 40,000 claimants have filed claims.

This is extremely important for a number of reasons.  First, there is quite a bit of misinformation being distributed.  Secondly, it is important to identify individuals who received implants in 2010 AFTER they were pulled from the market in other countries.

The following are things that I hear every day.

MY DOCTOR TELLS ME MY BLOOD LEVELS ARE NORMAL:


This is perhaps the most common response I get from people who contact me at this time and it is often wrong.  Just this week, I was contacted by two individuals who said that they were concerned because their hip pain was continuing to get worse.  Both had Depuy ASR hips.  One had a cobalt level of 5.2, up from 3.2 and the other with a cobalt level of 6.1, up from 3.8.  Despite what physicians are saying, these are dangerous levels.  Further, it is clear evidence of implant failure.  From my experience (I represent over 150 claimants), these levels are going to continue to climb, resulting in many more medical problems.

According to Dr. Stephen Tower, levels of cobalt above 1 are considered excessive, causing subclinical myocardial and memory impairment and at level 5 you are toxic.  Other reports indicate that a level of 2 or more indicates implant failure.

I HAVE NOT HAD MY DEPUY ASR HIP REPLACED YET:

Just because you have not been revised yet does not mean that you do not have damages or that you will not have damages in the future.  It is important to have your claim filed and receive monitoring.  So far, over 50% of my clients have had to have revision surgery.  That number has increased dramatically since 2010 when the recall was announced.  Most of us believe that it is not a matter of if, but when!

BROADSPIRE IS HANDLING MY CLAIM:

Broadspire is a third party administrator for Depuy. They are providing your information to Depuy and Depuy's attorneys.  They represent Depuy's interests, not yours.

If you have a Depuy ASR hip implant, the worst thing you can do is nothing.  Don't let your time to file a claim run out.  You should contact an attorney immediately and continue to have your blood levels checked at regular intervals.

I will be happy to provide any medical literature or other information I have at my disposal.  Feel free to contact me at Chrish@PittmanDutton.com or call me at toll free at 866-515-8880

Friday, March 30, 2012

FDA to Convene Meetings in June to Review and Discuss Metal on Metal Hips

Logo of the .Logo of the . (Photo credit: Wikipedia)
The AP is reporting that The Food and Drug Administration will hold a meetings  in June to discuss growing safety concerns about metal-on-metal hip replacements.
Metal hip joints have been under scrutiny due to reports of high failure rates. In 2010, Johnson & Johnson recalled roughly 93,000 implants. The FDA already asked device companies to conduct additional follow-up studies to monitor problems with the implants.
The agency says it will hold a two-day meeting beginning June 27 to consider whether more rigorous testing standards are needed.
Earlier this month, British experts said doctors should stop using metal hip joints because data show they have to fixed or replaced more often than older implants.

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Orthopedic Surgeon Becomes Victim of Depuy Hip

Logo of CBS NewsLogo of CBS News (Photo credit: Wikipedia)
CBS News has been investigating medical products and what they found it something known to may lawyers, but not to consumers and some physicians, that being that many medical products are not as safe or monitored as people may think. According to Consumer Reports, most medical devices are approved only by filing paperwork with the FDA.

Dr. Stephen Tower, an orthopedic surgeon, became a victim of a the Depuy ASR hip which has been recalled and my claim was defectively designed, tested, manufactured, and represented to consumers. The FDA had cleared the device without testing based on "substantial equivalence" to earlier similar devices. Use of metal parts over plastic was supposed to give the patient more mobility so they could participate in all kinds of physical activity.

After a year, he had high levels of chromium and cobalt in his blood and his hip was constantly painful. He started having other problems like disturbed sleep, mood swings, anxiety, hearing loss, and tinnitus, constant ringing in the ears. The symptoms got so bad he couldn't go to work.  Even though he kept calling the DePuy engineers, they claimed they never had any problems with the device. Then a British Medical Journal and BBC Newsnight investigation revealed that millions of people with similar implanted devices also had high levels of toxins seeping into their bloodstream.

 HealthPop reported that the investigation showed that the chromium and cobalt ions leak into surrounding tissue and destroy muscle and bone, eventually spreading to lymph nodes, the spleen, liver and kidneys and potentially causing damage. The ions also had the ability to change a person's chromosomes, meaning genetic changes.

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Tuesday, March 27, 2012

Biomet Busted for Bribery

BiometBiomet (Photo credit: Wikipedia)
The Wall Street Journal reports Biomet Inc has agreed to pay the government more than $22 million to settle allegations made by the Justice Department and Securities and Exchange Commission that it violated the Foreign Corrupt Practices Act.
        "The Justice Department's Criminal Division announced Monday that the Indiana-based company, which manufactures and sells medical devices worldwide, made various improper payments or paid bribes from 2000 to 2008 to health care providers in Argentina, Brazil and China to secure lucrative business with hospitals," the Washington Times. "During this time, according to information filed in US District Court in Washington, more than $1.5 million in direct and indirect payments were made. Modern Physician reports, "These payments were then falsely recorded as commissions, royalties, consulting fees or scientific incentives, according to the release." 

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Friday, March 23, 2012

Consumer Reports: Americans want more oversight of Implanted Medical Products

U.S. House Committee on Energy and Commerce of...U.S. House Committee on Energy and Commerce official Seal. (Photo credit: Wikipedia)Less than 1% of of implanted medical products are subjected to the strenuous PMA (pre-market approval) process of the FDA. And the draft legislation put together by the House Energy and Commerce Health Subcommittee would actually allow the approval process to go even faster. The Senate Health, Education, Labor and Pensions Committee's draft bill does provide some additional protections for patients once devices are on the market, but does nothing new to prevent potentially unsafe medical devices from being sold in the first place.



But according to a new poll by our publishing pals Consumer Reports, 82% of Americans believe that preventing safety problems is more important than limiting safety testing in order to prevent delays and encourage innovation.
91% of poll respondents said each implant should be safety tested before being sold even when similar implants were in use.
71% said that a new device should not be allowed to be sold based on its similarity to an existing implant that has a safety problem or has been recalled.
94% indicated that medical device makers should be required to do long-term monitoring of implants if there are safety concerns or problems with a particular device. Existing law gives the FDA only limited authority to require such long-term safety monitoring.
95% said that effective consumer protections for medical implants should include a nationwide system for tracking medical implants so patients can be notified about safety problems or recalls. No such system currently exists in the U.S. even though it was required by Congress' previous reauthorization of the law.
66% indicated a high level of concern about safety decisions or recommendations made by expert committees that included doctors who had current financial relationships with medical device makers.
Industry lobbyists have been pushing lawmakers to weaken current rules designed to prevent such conflicts of interest. The Senate and House discussion drafts remove current caps on the percentage of expert committee members that can be granted waivers if they have a conflict of interest, a provision championed by consumer advocates five years ago.
"Recent problems with metal hip implants and surgical mesh have shown how our current system fails to ensure medical devices are safe and effective," said Lisa Swirsky, senior policy analyst for Consumers Union. "Unfortunately, the House bill weakens current standards to speed up device approvals rather than improving safety oversight. The Senate bill offers some improvements but it should be strengthened to require stricter safety testing of new implants and life sustaining devices. Congress should recognize that the public is far more concerned about making sure devices are safe and work than how quickly they are made available."
The Depuy hip problems came to light, in part, due to tracking systems in place in other countries, which indicated higher than normal failure rates.  In this country, the information received by doctors is often limited to data provided by the manufacturer and their sales representatives, which is often times false and misleading.  
As one of my clients told me this morning, "I don't need a doctor to tell me that my hip has failed and needs to be removed, I live it every day."


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Tuesday, March 6, 2012

Drugmakers have paid a whopping $8 BILLION in fraud fines since 2002

(left to right:) United States Senator , Senat...Image via WikipediaAccording to the USA Today, the nations largest drug companies have paid  at least $8 Billion in fraud fines since 2002.  Pfizer alone has paid almost $3 Billion since 2002.

These fines include such conduct as illegal kickbacks, improper marketing of drugs, and refusing to pay rebates to the government.

Government investigators say their hands are tied.  They can't deny treatment to people who need it, which leaves them with leveling fines and extracting promises not to defraud the government in the future, a promise that is often ignored.

A Bipartisan bill has been introduced that would make it easier for the government to exclude individuals from working with the government even after they have left a company where fraud occurred

Drug companies spent more than $200 million lobbying Congress in 2011.

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Thursday, March 1, 2012

British Medical Journal--One Million and Counting at risk for Metal on Metal Implants

3D Molecular model of DNA damaged by carcinoge...Image via WikipediaFebruary 28, 2012

The British Medical Journal reported today that a million or more Americans have had metal on metal orthopedic implants installed since 2003.  That number continues to climb as as manufacturers continue to promote metal on metal devices.  This, despite the recall of devices (Depuy ASR), growing evidence of exposure to toxic and potentially carcinogenic metal ions, and the unprecedented requirement by the FDA that manufacturers conduct post-marketing studies.

Startling Highlights Contained in the Report Include the Following:

*Failure rates for all metal on metal hip implants is currently 13.6% as opposed to 3.3% for implants made of other materials.

*Multiple studies and research organizations have warned about the carcinogenic potential of metal-on-metal hip implants.

*Internal Depuy memos from July 2005 identify potential immune function changes and carcinogenic concern.

*Because of concerns, Depuy sales representatives were given paper entitled "Setting the record straight on metal hypersensitivity" written by Dr. Thomas Schmalzried (Depuy's hired consultant, stooge, or whatever you want to call him).

*In 2006, based on concerns, the MHRA (Medicines and Healthcare Products Regulatory Agency) committtee concluded that "there is evidence to suggest that some metal-on-metal hip replacements may be associated with increased DNA changes.

*Data showed raised metal ion levels in the Depuy Pinnacle were available since 2008, yet the device was promoted as the alternative for the subsequently recalled Depuy ASR.

*Speaking of the lax regulatory environment, one Depuy product manager responded to an email stating that "you could literally implant a tent rod if you wanted!"

Unfortunately for those with MOM implants, I fear that the news is only going to get worse.  The revision rate on our Depuy ASR clients is currently 46% and climbing.

If you have a MOM hip implant, it is imperative that you have regular blood tests for cobalt and chromium.

For additional information, feel free to contact me at Chrish@PittmanDutton.com
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Wednesday, February 22, 2012

What did Johnson & Johnson know about their hips and when did they know it?

English: Logo of the U.S. Food and Drug Admini...Image via Wikipedia
According to the New York Times, a year before Johnson & Johnson's Depuy division recalled their ASR hip systems, Pamela Plouhar, vice president of Depuy Orthopedics, reported privately to top executives that the FDA was going to refuse to approve the device after data showed it failed prematurely in "significant" numbers.  The device was on the market overseas starting in 2003 and was marketed in the United States in 2005 under a loophole in the law.

This, of course, is in direct conflict with public statements by Johnson & Johnson which insisted that its internal studies refuted complaints by surgeons and regulators in other companies. Johnson & Johnson maintained that the failures were the result of improper placement of the implants by physicians--a position I continue to hear parroted by uninformed doctors or physicians still on Johnson & Johnson's gravy train.

There is only one problem with this defense----the data came from clinical studies performed by surgeons hand picked by Depuy and who received royalties and consulting fees associated with it.  In other words, Depuy's hand picked surgeons were seeing failures at the same rate as other Depuy surgeons who were using the product.

In addition to this email, documents filed with a Senate committee indicate knowledge of a serious problem in 2008, nearly 2 years before the hips were recalled.

Of course, lost in this discussion were the hundreds, if not thousands of people who are now suffering crippling injuries as Depuy continued to mislead both surgeons and consumers about the condition of its product.

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