May 2011 - Irish American News

30 Irish American News “We’ve Always Been Green!” May 2011This is the next of a series of columns on how the law can impact your life. Eachmonth we will focus on various aspects of the law relating to personal injuries,those that happen both on-the-job and otherwise, including mishaps which occurin driving vehicles, using products and receiving medical care. The column willalso respond to legal questions relating to personal injury that are sent to us.The Healy Law Firm is comprised of eight trial attorneys, two of whom arefrom Ireland. We are located downtown at 111 West Washington Street, Suite 1425,Chicago, Illinois 60602 (800-922-4500 or 312-977-0100). www.HealyLawFirm.com. The firm concentrates in the representation of injured victims of all typesof accidents.Readers are encouraged to call or write with questions concerning personalinjury law.Implanted Artificial Knees & HipsCausing Significant ProblemsAs the baby-boomer generationadvances in age, they are more likelyto become artificial joint replacementcandidates. Knee and hip replacementsare the most common and havebeen the subject of recent controversyand litigation. Now, not only do jointreplacement patients need to be concernedwith working towards a healthyrecovery after the implant surgery, theymay now need to be concerned withfaulty implants in their bodies.The Story of a Surgeon vs.Implant ManufacturerA prominent Chicago orthopaedicMeehall RecallsContinued from Page 25had sold the old house in Mt. Greenwoodlong ago and now they all livedtogether in an ancient stucco-walledapartment in Beverly on 95th St. Itseemed like every other weekend myparents would pay them a visit andbring us kids along.I loved the mysterious old building…like the lobby of a classic movietheatre of the 1920s, it transportedyou to the entrance of an Old Spanishcastle. The huge dungeon doorwould swing shut behind us with aresounding boom and then we’d climbthe endless flights of steps, the highceilings echoing our every footfall,as if we had entered the grand galleryinside the Great Pyramid. Finally we’dknock on my Aunt Marge and UncleBud’s little black door, and withinwas all sweetness and light. The scentof little old lady perfume and dinnerrolls baking in the kitchen, while outin the dining room my Uncle Budwould be asking my father if he’d likea Manhattan, and Dad saying “yes butit’s only noon,” and then Buddy wouldalways quip “Well, the sun’s up oversurgeon installed a certain manufacturer’sartificial knees into patients formore than a decade. He helped themanufacturer design joint implantsand the surgical tools used to installthem. He also trained surgeons acrossthe country to use this particularmanufacturer’s implants. The manufacturerpromoted and praised thissurgeon. The surgeon talked up themanufacturer’s products. The twohad a thriving relationship. But whenthe surgeon started noticing defectsin the manufacturer’s knee implants,he alerted the manufacturer of hisfindings; in turn, the manufacturerthe yardarm somewhere in the world,”and laugh and pour them both a snort.In Mudgie’s little kitchen with thearoma of her famous graham crackercheesecake in the air, she’d be fixingus kiddie cocktails with ginger ale anda real cherry with a little colored plasticstraw through it. Very posh. AuntMarge was the sweetheart of the family,with her sparkling blue eyes andwonderful, infectious laugh. We allloved Mudgie and she loved us back,doubly. Whenever family was visiting,Nana’s favorite perch was next to thedinner table, where she could hear theconversations in all three rooms. Whenin need of a hug I could usually findher rocking chair parked there at thewindow next to the radiator.But as we all must, eventually Nanagrew frail and feeble. The little brasssouvenir that her son George hadbrought back from India now servedas a summoning bell in her last years,when it became difficult for her towalk. Since Nana’s room was backat the end of the hallway, she’d justring the bell if she needed anythingand my aunt or uncle would get upand go help her. She kept the bell onblamed any failure of the implantson the surgeon’s technique.Because the manufacturer wouldnot heed the surgeon’s concerns, thesurgeon conducted and publisheda study demonstrating the defectin the knee replacement. The studyshowed that over 8% of the kneeimplants were failing. Again, themanufacturer responded by questioningthe surgeon’s techniques, not itsown product. The manufacturer thenconducted its own studies on thisknee implant and concluded, arguablyself-servingly, that it was indeeda safe product.The once prosperous associationbetween this Chicago surgeon andthe implant manufacturer culminatedinto a not-so-amicable separation.A Manufacturer’sConduct in a RecentHip Implant RecallHip replacement surgery is fairlycommon in the U.S. Studies have shownthat 90% of hip replacements are consideredsuccessful. However, a certainmanufacturer, DePuy Companies,recently recalled its ASR hip implantsystem due to defects.In 2003 DePuy released its ASR hipimplant system, marketing it as uniquein that it was a metal-on-metal design.The design was intended to last longerand provide more natural movement inthe hip socket. However, the ASR hipimplant did not live up to its intendeddesign. The prosthetic “cup” was tooshallow, making it susceptible to “edgeher bedside table, and as a toddler itfascinated me.Every time we’d come to visit, Iwould take off running all the way backto Nana’s room where, taking a flyingleap, I’d climb and claw my way atopthe big white bed. Then I’d look up,smile back at my Nana and rush to geta hug, whereupon she’d lean me overto the side table and let me ring her bigbrass bell. Often my Uncle George orAunt Marge would suddenly appear inthe doorway, only to find me in theirmother’s arms with the bell in my hand.And Nana would throw her head back,crinkle those crystalline blue Waterfordeyes, laugh merrily at Mudge andBud, and then finally, always, flash thatbeautiful smile of hers.One day in 1964 when I was three,Mom bundled us all up and Dad droveus to the old apartment. As usual, Irelished the ancient pillars and stainedglass and the great big oak door andthe buzzer and the long climb upthe dark wooden stairs. And then weknocked at the little door and it openedand inside was all sweetness and lightand as always, I ran immediately to theback bedroom to see Nana.“Nana…?” I entered the room andthere stood her Mount Everest bed, asbig as ever and snowcapped-white, butit was all made up and no one in it. Ichecked the side table, but found nothingon it but a lamp. Maybe she was inthe kitchen, or sitting in her chair bythe tall window near the radiator. I ranas fast as I could back down the hallway,calling her name, but she was nowhereto be found and I was quickly pickedloading,” a process where the joint’sball rubs up against the cups edge,chiseling off metallic debris.The wearing away of the metalon-metalcondition creates a situationwhere metal debris is released into thebody, causing a dangerous conditionknown as metallosis. Metallosis candestroy surrounding bone and tissue aswell as increase the difficulty of a subsequentsurgery to revise the implant.All the residual effects of metallosisare still yet unknown.In March 2010, DuPuy issued anotice to surgeons in the United Statesthat the ASR hip implant had a higherthan expected failure rate. However,even more concerning, these noticesto U.S. surgeons came months afterDuPuy voluntarily withdrew the sameASR hip implant from the Australianmarket. DuPuy continued to marketand sell the ASR hip implant in theUnited States for approximately sixmonths after the Australian withdrawalfinally recalling the ASR device in theU.S. in August 2010.Estimates indicate that over 90,000worldwide were implanted with thisASR hip system. DuPuy has sinceconceded that at least 13% of thesepatients will experience an implantfailure and will require revision surgery.Studies conducted by others indicatethat as many as 30% of the patients mayexperience this product failure.Unfortunately, these revision procedureswill be performed most predominantlyon the elderly population, whoare more susceptible to surgical complicationssuch as infections, deep veinthrombosis, femur fractures, continuedpain and suffering, and, of course, theincurring of significant future medicalexpenses.GovernmentOversight, or Lack Thereof?Of concern is that the DuPuy’sASR hip received Food and Drug Administration(FDA) approval. Thereis a loop hole in the FDA approvalprocess whereby when a manufacturersubmits a new medical devicethat is “substantially equivalent” to amedical device already on the market,no clinical trials are required and thenew medical device is automaticallyapproved.It is disturbing to know that manyartificial joints, including the onessubject to recent controversy, werecleared by the FDA without comprehensivetesting.Manufacturers can initiate theirown recalls. However, when medicaldevice manufacturers fail to actresponsibly and regulators fail tohold them accountable, it falls onthe patient and the public to filecomplaints to ensure these defectiveproducts don’t harm more people inthe future.If you have anyquestions regardingmedical implants,feel free to contactour offices.By Matthew J.Healyup and comforted by my mother, nodoubt with tears in her eyes.Later on as a child, I would alwaysgo into Mudgie’s room as soon aswe arrived, give the little bell a lightring, and gaze at the wonderful blackand white photo of my smiling greatgrandmotherbeside it on the dresser.After Uncle Buddy passed on, my auntgave me their mother’s brass bell asa keepsake. And every so often on anight like tonight, when I stop in frontof the glass case in our living room, I’llopen the door and gaze for a minute atthe beautiful lines and graceful curvesof the old bell. Then with a sigh anda wistful smile, I’ll give it three littlerings: one for kind, gentle Aunt Mudgie,one for good old Uncle Bud, andone for my dear, sweet Nana.Chicago native Michael Carrollis an internationally known Celticartist, working in the style of theBook of Kells, and more recently hasauthored three books. These storiesare excerpted from his memoirsMeehall: Memories of a South SideLad and its sequel The Trouble WithMeehall. Both books are available atwww.lulu.com.