Patient Fights Back
John Muldoon of Contra Costa, California, was suffering from painful osteoarthritis in his hip. In 2007, John decided to move forward with his surgeon’s suggestion for a full hip replacement using a ceramic-on-metal hip replacement made by Depuy. According to sources, unknown to the patient, the DePuy hip was not approved by the Food and Drug Administration, and the surgeon, Dr. David Dodgin of Austin, Texas had been bribed by DePuy to use this particular model for Muldoon’s replacement.
It was uncovered that in 2009, DePuy paid Dr. Dodgin of over $56,000.00, and in 2010, $30,000.00 in “consulting agreements.” It has been a long accepted practice of pharmaceutical and medical device companies alike seeking professional endorsement of a particular drug or medical device to “wine and dine” medical professionals. However, the practice of doctors and surgeons reaching into the deep pockets of big pharma for “under the radar” kickbacks for use of their drug or device is highly unprincipled and illegal. In fact, according to a statement from the Justice Department, Depuy was fined $84.7 million dollars between 2002 and 2006 for their unethical “promotional” practices. “Prior to our investigation, many orthopedic surgeons in this country made decisions predicated on how much money they could make – choosing which device to implant by going to the highest bidder.”
The implant Muldoon received, Depuy’s Pinnacle CoMplete Acetabluar Hip System, wasn’t brought to the FDA for approval until 2009, was briefly approved in 2011, but then abruptly revoked from the market in 2013. Depuy alleges that the system was discontinued because of its “low sales,” but Muldoon, who lives in constant pain and complications from the system, believes it was for a different reason. In the lawsuit he has brought against Depuy, Johnson & Johnson, Dodgin and others, he alleges: “The true reason DePuy discontinued sales of the Pinnacle CoMplete Acetabular Hip System is because the ceramic-on-metal system is defective and unsafe for consumers.”
Injuries from Defective Hip Implant
The damage to Muldoon’s hip and surrounding bone caused pain that could not be alleviated by cortisone shots, prescription pain relievers and physical therapy. Seven years after the surgery, a blood test confirmed that he also had metalllosis. The high levels of toxic cobalt and chromium from the defective metal hip implant have dissolved into his bloodstream and are wreaking havoc on his heart, lungs and other body systems. For more on the complications of metallosis from defective metal hip implants, visit this link.
While the hip was painful and caused him some issues with the functions of daily life before the surgery, today John Muldoon is unable to work, has lost range of motion, and suffers from chronic pain. He also struggles with the mental anguish from having to endure the intense daily pain.
Help is a phone call away
When you have suffered through the pain and financial struggles like John Muldoon has, you want justice. That’s what the Rocky McElhaney Law Firm is here for. We invite you to visit our offices in Nashville, Knoxville and Hendersonville to talk with us. We represent your best interests and make sure you get the compensation you deserve for your injury, pain and suffering, lost wages, and future medical care and income losses. We go toe to toe with the big insurance companies who would otherwise walk all over good honest folks like you. We fight for you.
Call the experienced defective drug and device attorneys at the Rocky McElhaney Law Firm today (615) 425-2500.
Nashville personal injury attorney Rocky McElhaney represents people who have been injured in car, truck and other automobile accidents as well as many other forms of negligence throughout the state of Tennessee.