In addition, Marlboro will sponsor the Komen 5k race

Mark Twain once said that golf is a good walk spoiled.  Truth be told, I  tend to agree with him.  But people nonetheless seem to enjoy the activity, whether they’re out strolling the fairway or going for the long ball.

hip

Hopefully, then, the irony was not lost this week when it was announced that the PGA Tour would be sponsored by – wait for it – Stryker Orthopedics.  Yes, that Stryker Orthopedics.  The one that made 20,000 defective ABG II and Rejuvenate metal hip implants.  The ones that would be bad for golfers (or anyone else who likes to, you know, move) to use.

What does this mean to you:

Remember that advertising and corporate sponsorship can be as much about framing and creating a positive public image as about selling products.

What kind of action do you have?

Not all cases involving hundreds or thousands of plaintiffs are class actions.  Class cases make the most sense where the wrongful conduct applies the same to everyone affected.  Think of a corporation that misrepresents its financial condition.  All shareholders suffer the exact same loss in share value.

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But what about when the wrongful conduct affects lots of people, but each in their own individual way?  Those cases are called mutli-district litigation, or MDL for short.  MDL’s are common with defective medical devices, where the defect is the same in every case, but the way it affects each person is unique to their circumstances.

The defective Stryker hip implants is an example of a current MDL.  For every implant, the metal in the hip joint begins to fret, or corrode, causing pain and swelling in the hip joint.  Some affected patients may have to have a revision surgery, some won’t, while some may require multiple surgeries.

What does this mean to you:

Class actions get a bad name, perhaps not without merit, for automatically including people without their knowledge.  MDL’s on the other hand, require the plaintiff to actively pursue a claim for their harms and losses.

You caught us red – hipped

There are really only 2 reasons a company ever does anything.  The first, and most pervasive reason, is to make money.  The second is when it forced, kicking and screaming, to take responsibility through the justice system for its own products or conduct.

money in trap

The latter was the case this week when Johnson & Johnson agreed to pay $2.5 billion to settle claims related to its defective metal-on-metal hip implants. The company had known for some time that their devices would fail, but forgot to mention it to anyone.  Oops.

What does this mean to you.

It is not too late to make a claim if you had a hip implant made by Johnson & Johnson or DePuy.

We don’t know what we – I mean, you – are talking about

Baby Boomers appear to be here to stay.  I mean, they even have their own Association now, so you know they’re going to stick around and ask for stuff.  Stuff like hip implants that don’t fail after being implanted, causing pain, swelling, and metal on metal friction to throw off chromium and cobalt ions in to their blood streams.  Some people!  For what it’s worth, the medical research surrounding metal ions is ongoing, but as far as I know, no doctors have started prescribing chromium and cobalt ions to be taken once daily by mouth along with your Flintstones.

Doh!

But, the maker of many hip implants, a company called DePuy (pronounced “Dapew”) who is owned by Johnson & Johnson, knew for quite a while that its ASR hip implants were failing.  It was recently learned that, rather than tell the FDA of the product’s defects, or make a change to its design, or immediately recall the device, DePuy opted merely to not make any more ASR hips, but continue to sell the problematic hips it had remaining.

What does this meant to you:

Many times, patients may not know the brand or model of the particular implant they have.  That is, a person may have a DePuy ASR and not even know it.  If you’re having problems, its important to check with your doctor to see which type you have, and if need be, discuss it with a lawyer.