Missouri Patients Join 10,000 Others to Sue Medical Company

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

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, Mo. (AP) — A former Missouri State Highway Patrol trooper who was driving a boat when a handcuffed... More >>
10 hours ago Friday, April 03 2020 Apr 3, 2020 Friday, April 03, 2020 9:47:00 PM CDT April 03, 2020 in News
COLUMBIA – Julia Griffin is in the same situation as millions of Americans. She doesn’t know when she’ll be able... More >>
13 hours ago Friday, April 03 2020 Apr 3, 2020 Friday, April 03, 2020 6:33:00 PM CDT April 03, 2020 in News
COLUMBIA - Stay-at-home orders and fears of catching or spreading COVID-19 means fewer people are leaving their homes unless they... More >>
13 hours ago Friday, April 03 2020 Apr 3, 2020 Friday, April 03, 2020 6:30:00 PM CDT April 03, 2020 in News
COLUMBIA - Veterans United Foundation is donating a total of $1 million to several communities for COVID-19 relief starting April... More >>
16 hours ago Friday, April 03 2020 Apr 3, 2020 Friday, April 03, 2020 3:14:00 PM CDT April 03, 2020 in News
COLUMBIA - The MU College of Textile and Apparel Management is making Personal Protective Equipment for MU Health Care. ... More >>
17 hours ago Friday, April 03 2020 Apr 3, 2020 Friday, April 03, 2020 3:01:00 PM CDT April 03, 2020 in News
COLUMBIA - One local business is finding a new way to stop that feeling of isolation. Ragtag Cinema shut... More >>
17 hours ago Friday, April 03 2020 Apr 3, 2020 Friday, April 03, 2020 2:43:00 PM CDT April 03, 2020 in News
COLE COUNTY - The Cole County Health Department announced on Friday the first death of a Cole County resident due... More >>
17 hours ago Friday, April 03 2020 Apr 3, 2020 Friday, April 03, 2020 2:31:00 PM CDT April 03, 2020 in News
JEFFERSON CITY - As of 2 p.m. Friday, the Missouri Department of Health & Senior Services reported that the state... More >>
17 hours ago Friday, April 03 2020 Apr 3, 2020 Friday, April 03, 2020 2:30:00 PM CDT April 03, 2020 in News
MISSOURI - Governor Mike Parson announced a statewide stay-at-home order for the state of Missouri on Friday afternoon. Parson... More >>
17 hours ago Friday, April 03 2020 Apr 3, 2020 Friday, April 03, 2020 2:16:00 PM CDT April 03, 2020 in News
COLUMBIA — As state and commercial testing is more available for the Missourians, the number of confirmed cases is rising.... More >>
18 hours ago Friday, April 03 2020 Apr 3, 2020 Friday, April 03, 2020 2:00:00 PM CDT April 03, 2020 in News
The COVID-19 pandemic continues to change parts of our everyday lives. Living rooms have turned into offices and schools, businesses... More >>
19 hours ago Friday, April 03 2020 Apr 3, 2020 Friday, April 03, 2020 12:48:40 PM CDT April 03, 2020 in A Brighter Tomorrow
COLUMBIA - You've probably heard it just about everywhere: staying active while staying home is important. It's especially important... More >>
20 hours ago Friday, April 03 2020 Apr 3, 2020 Friday, April 03, 2020 11:54:00 AM CDT April 03, 2020 in Top Stories
AUDRAIN COUNTY - SSM Health St. Mary's Hospital in Audrain County will open its own drive-thru COVID-19 testing site starting... More >>
20 hours ago Friday, April 03 2020 Apr 3, 2020 Friday, April 03, 2020 11:36:00 AM CDT April 03, 2020 in News
ST. LOUIS — At least 27 long-term care facilities in Missouri have at least one resident or employee who has... More >>
23 hours ago Friday, April 03 2020 Apr 3, 2020 Friday, April 03, 2020 8:21:00 AM CDT April 03, 2020 in Top Stories
In this COVID-19 town hall, KOMU 8's Emily Spain talks with Dr. Christopher Sampson from MU Health Care about the... More >>
1 day ago Thursday, April 02 2020 Apr 2, 2020 Thursday, April 02, 2020 9:52:00 PM CDT April 02, 2020 in Continuous News
COLUMBIA - As Missouri gears up for a long fight against the COVID-19 pandemic, University of Missouri System leaders are... More >>
1 day ago Thursday, April 02 2020 Apr 2, 2020 Thursday, April 02, 2020 5:38:00 PM CDT April 02, 2020 in News
HOWARD COUNTY – As public safety agencies face major personal protective equipment shortages, a local dentist is making sure first... More >>
1 day ago Thursday, April 02 2020 Apr 2, 2020 Thursday, April 02, 2020 4:34:00 PM CDT April 02, 2020 in News
COLUMBIA - Business is slow just about everywhere in mid-Missouri, but one local shop owner is using this time to... More >>
1 day ago Thursday, April 02 2020 Apr 2, 2020 Thursday, April 02, 2020 4:07:00 PM CDT April 02, 2020 in News
Columbia, MO
Broken Clouds 33°
9am 34°
10am 36°
11am 38°
12pm 40°