Missouri Patients Join 10,000 Others to Sue Medical Company

3 years 2 months 2 weeks ago February 07, 2013 Feb 7, 2013 Thursday, February 07 2013 Thursday, February 07, 2013 1:28:00 PM CST in News
By: Asger Mow

MID-MISSOURI - Patients from Missouri and the rest of the country who underwent major surgery in hopes that a new hip could help them get back to a normal life now believe they received an implant that damaged their tissue and bone and caused them pain. Now more than 10,000 patients are suing the manufacturer, Depuy.

The patients claim they have had to deal with substantial pain and suffering. The pain of surgery, the pain of the rehabilitation, knowing that they will be limited going forward as a result of having this device in their body, said lawyer Michael Kruse from the Onder lawfirm. He represents 180 patients. Amongst them are ten from Missouri.

One of those patients is 71-year old Roger Korenberg, from California, Missouri, who had his hip implant removed a little over two years ago. Korenberg said he was having constant pain and blood tests showed he had an elevated amount of chromium and cobalt in his blood--an indication that the implant was failing.

"Your quality of life is really what you are talking about. You are not able to do the things you want and it affects your mood," said Korenberg.

The implant is called ASR and has been implanted in 93,000 patients across the globe, a third of them in America. It was recalled voluntarily by Depuy in 2010. A year later, the company did an internal analysis, recently exposed in the media, showing an estimated failure rate of 37 percent in all patients within five years.

Surgeons have for the most part stopped using a whole line of so-called "metal-on-metal" implants like the ASR. Unlike other implants, these are made only of metal. Their components can grind together, releasing metallic debris that damages a patient's tissue and bone. Some doctors are also concerned that the elevated level of metal ions in the blood may cause long term effects to the patients.

"By virtue of Depuy's marketing and manufacturing of these hips, they have caused these people substantial harm and medical bills that will be astronomical based on numerous surgery and the fact that they need new hips. And the patients might have too see a doctor the rest of their lives to check for this metal in their blood," said lawyer Michael Kruse.

Depuy refused to answer questions in an with KOMU 8 News. But in an email, the company stated, "Regarding the litigation we believe the evidence to be presented at trial will show the company acted appropriately and responsibly," wrote Mindy Tinsley, director of Worldwide Communications for Depuy.

"I disagree with that," said Kruse. "I think there will be evidence presented at trial, that show they knew about this issue early on and was slow to react. And therefore many have had this implant and are suffering."

Depuy is reported to have set $3 billion aside related to medical and legal costs associated with the device. The first out-of-court settlements have left three patients with $200,000 each.

For Roger Korenberg, the case is about vindication. He has had high medical expenses and had to take off from work for more than a month to recover from the extra surgery. For a period he also had to hire a person to help at his farm. And today he has some muscle issues.

"We are just hoping that fairness comes out of this," Korenberg said.

Korenberg is in a class action lawsuit with 7,000 other plaintiffs that goes to court in May.

More News

Grid
List
JEFFERSON CITY - You could be paying more in taxes than your neighbor and not even know it. Special tax... More >>
3 hours ago April 28, 2016 Apr 28, 2016 Thursday, April 28 2016 Thursday, April 28, 2016 7:47:00 PM CDT in News
COLUMBIA - Bikers, walkers, runners and hikers have a new trail at their disposal in Columbia. The Grindstone Creek... More >>
3 hours ago April 28, 2016 Apr 28, 2016 Thursday, April 28 2016 Thursday, April 28, 2016 7:40:00 PM CDT in News
JEFFERSON CITY (AP) — The leader of Missouri's House said he doesn't expect there will be an effort to revive... More >>
3 hours ago April 28, 2016 Apr 28, 2016 Thursday, April 28 2016 Thursday, April 28, 2016 7:39:51 PM CDT in News
MALTA BEND (AP) — A group of excavators has found the 175-year-old sunken steamboat Malta, the namesake of the rural... More >>
3 hours ago April 28, 2016 Apr 28, 2016 Thursday, April 28 2016 Thursday, April 28, 2016 7:32:11 PM CDT in News
SUNSET HILLS (AP) — A prosecutor's spokesman said the remains of a suburban St. Louis woman who had been missing... More >>
3 hours ago April 28, 2016 Apr 28, 2016 Thursday, April 28 2016 Thursday, April 28, 2016 7:27:00 PM CDT in News
BRIDGETON (AP) — The U.S. government said the owner of a burning suburban St. Louis landfill near buried radioactive waste... More >>
3 hours ago April 28, 2016 Apr 28, 2016 Thursday, April 28 2016 Thursday, April 28, 2016 7:24:00 PM CDT in News
JEFFERSON CITY (AP) — A measure to allow beer-makers to lease coolers to stores to keep drinks frosty has passed... More >>
3 hours ago April 28, 2016 Apr 28, 2016 Thursday, April 28 2016 Thursday, April 28, 2016 7:16:25 PM CDT in News
COLUMBIA- Drivers at the intersection of Forum Boulevard and Green Meadows Road could soon have a different route. Columbia's... More >>
3 hours ago April 28, 2016 Apr 28, 2016 Thursday, April 28 2016 Thursday, April 28, 2016 7:07:00 PM CDT in News
COLUMBIA – Parents could have one more form to sign before their kid heads to the batting cages. A... More >>
3 hours ago April 28, 2016 Apr 28, 2016 Thursday, April 28 2016 Thursday, April 28, 2016 7:07:00 PM CDT in News
JEFFERSON CITY - State Senator Dan Brown, R-Rolla, is dropping out of the race for state treasurer. Brown said... More >>
3 hours ago April 28, 2016 Apr 28, 2016 Thursday, April 28 2016 Thursday, April 28, 2016 7:02:00 PM CDT in News
JEFFERSON CITY- A group of freshmen students from Parkway South High School in St. Louis won the 18 th annual... More >>
4 hours ago April 28, 2016 Apr 28, 2016 Thursday, April 28 2016 Thursday, April 28, 2016 6:48:00 PM CDT in Continuous News
COLUMBIA – Patriot Place opened less than a month ago, giving some veterans a place to call home. But... More >>
4 hours ago April 28, 2016 Apr 28, 2016 Thursday, April 28 2016 Thursday, April 28, 2016 6:28:00 PM CDT in News
COLUMBIA - In the same week Gov. Jay Nixon signed a Higher Education budget bill into law, the state's Coordinating... More >>
5 hours ago April 28, 2016 Apr 28, 2016 Thursday, April 28 2016 Thursday, April 28, 2016 5:45:00 PM CDT in News
JEFFERSON CITY - Following the restoration of the University of Missouri's budget for the 2017 fiscal year, Rep. Courtney Allen... More >>
5 hours ago April 28, 2016 Apr 28, 2016 Thursday, April 28 2016 Thursday, April 28, 2016 5:09:00 PM CDT in News
COLUMBIA - Missouri was one of a few states to receive a perfect AAA credit rating from all three independent... More >>
6 hours ago April 28, 2016 Apr 28, 2016 Thursday, April 28 2016 Thursday, April 28, 2016 4:34:00 PM CDT in News
JEFFERSON CITY - A new report from the Health Care Cost Institute (HCCI) put Missouri among states with some of... More >>
7 hours ago April 28, 2016 Apr 28, 2016 Thursday, April 28 2016 Thursday, April 28, 2016 3:30:00 PM CDT in News
JEFFERSON CITY - The campaign committee for Republican U.S. Sen. Roy Blunt has given a Missouri children's group $11,000 —... More >>
7 hours ago April 28, 2016 Apr 28, 2016 Thursday, April 28 2016 Thursday, April 28, 2016 3:25:00 PM CDT in News
COLUMBIA - Gov. Jay Nixon signed a $1.3 billion higher education budget yesterday, which will enact a tuition freeze for... More >>
7 hours ago April 28, 2016 Apr 28, 2016 Thursday, April 28 2016 Thursday, April 28, 2016 3:09:00 PM CDT in News
Columbia, MO
Broken Clouds 53°
11pm 54°
12am 53°
1am 52°
2am 53°

Select a station to view its upcoming schedule:

Coming Up Next

10:35p
The Tonight Show Starring Jimmy Fallon
11:37p
Late Night with Seth Meyers
12:37a
Last Call with Carson Daly
10:30p
Cougar Town
11:00p
Raising Hope
11:30p
Community

Tonight's Schedule

7:00p
Strong
8:00p
The Blacklist
9:01p
Game of Silence
7:00p
DC's Legends of Tomorrow
8:00p
The 100
9:00p
KOMU 8 News @ Nine on The CW
9:30p
Seinfeld