Bernstein Liebhard LLP, a New York law firm nationally recognized for its consumer protection and mass tort practices, reports on the continued debate over metal hip safety, originally raised in an investigation conducted by the British Medical Journal (“BMJ”) published on February 28, 2012. Deborah Cohen, an investigations editor for BMJ, concluded that despite knowing the potential dangers associated with its DePuy hip replacement metal-on-metal implants, the company continued to aggressively market the devices. In response to the allegations, DePuy representatives Graham Isaac and Simon Sinclair submitted a letter to BMJ, calling it “unnecessarily alarmist.” The DePuy representatives addressed the following allegations made in the February BMJ hip study: (1) adverse reactions to metal debris and ions; (2) metal ion levels; (3) cancer; (4) taper corrosion; (5) introduction of the current generation of metal-on-metal implants; and (6) revision rate data.

Cohen Fires Back; Defends BMJ Hip Study

Most recently, on May 2, 2012, Deborah Cohen vigorously defended her position in a response to Isaac and Sinclair. Rather than addressing the “substantive concerns” described in the BMJ hip study, Cohen claimed the respondents “sidestep[ped]” the overarching issue of metal hip safety. The focus of Cohen’s response deals with the effects of metal ion levels. Given that DePuy knew of patients with metal-on-metal hip implants having “raised ion levels,” she questions “why no clinical studies were carried out before the metal-on-metal Pinnacle hip system . . . was put onto the market. It is also of concern that even though DePuy knew metal ions would be released ‘locally and systemically,’ they did not try to establish what levels would be considered safe for patients before rushing to market or modifying the design of the implants.”

In addition to addressing each point raised by the DePuy representatives with outside evidence as support, Ms. Cohen also highlighted the amount of money that certain DePuy consultants and authors were paid. She concluded, by stating that the BMJ hip study was “not ‘unnecessarily alarmist,’ but it provided a necessarily alarming portrait of the state of medical device regulation today.”

Further information about the BMJ hip study and the subsequent debate can be found on the firm’s website,

Metal Hip Safety And Concerns Voiced In BMJ Hip Study Echoed In Various Litigations

Bernstein Liebhard LLP is actively filing cases on behalf of individuals who have been implanted with metal-on-metal hip implants manufactured by DePuy in the following actions: In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation (“MDL No. 2197”), which is currently underway in the U.S. District Court for the Northern District of Ohio and In re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation (“MDL No. 2244”), which is currently underway in the U.S. District Court for the Northern District of Texas. The lawsuits allege that the ASR hip replacement and the metal-on-metal Pinnacle hip replacement systems were defectively designed. The firm is also investigating cases concerning another metal-on-metal hip implant manufactured by Wright Medical Technology, Inc. Lawsuits involving this hip replacement were recently consolidated in In re: Wright Medical Technology, Inc., Conserve Hip Implant Products Liability Litigation (“MDL No. 2329”), which is pending in the U.S. District Court for the Northern District of Georgia. Similar to the DePuy litigations, these lawsuits allege that the metal-on-metal Wright Conserve hip replacement systems were defectively designed.

Since Johnson & Johnson recalled the ASR hip implants in August 2010, Bernstein Liebhard LLP has provided a wealth of consumer information concerning the recalled hip replacement systems on its website, Those who received a DePuy ASR hip implant and have experienced hip replacement pain or had to undergo revision surgery may be entitled to compensation for medical bills, pain and suffering, lost wages and other injuries.

For more information about filing a hip replacement lawsuit, contact an attorney at Bernstein Liebhard LLP at (877) 779-1414 or at

About Bernstein Liebhard LLP

Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past nine consecutive years. Only two firms in the country have been selected for the Hot List nine years in a row.

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Published May 7, 2012 by