Subpoenas Against Surface Hippy

[Pat Walter]

I have worked diligently and hard on the https://surfacehippy.info  website since 2005.  I felt/feel it is important to provide information about hip resurfacing.  Unfortunately, many surgeons don’t perform hip resurfacing or are very vocal about how bad it is.  Fortunately, there are many experienced hip resurfacing surgeons with excellent outcomes for the last 10 â€" 15 years.

Information is power.  Information is knowledge.  Without a source of information, people can’t know or learn about any subject.
Providing information is just that â€" providing a source of information.  It is not telling anyone that they should have a hip resurfacing or should not have a hip resurfacing. They should use any specific device. That is up to a surgeon.  The only way a person can decide to have a hip resurfacing is when an experienced hip resurfacing surgeon examines them and reviews x-rays of their hips.  Only a hip resurfacing surgeon can tell a patient if it is an option for hip replacement.  Even a surgeon can’t make a person have a hip resurfacing.  That decision is up to the perspective patient.

Why would any lawyer think https://surfacehippy.info could possibly tell a person if they were a candidate for hip resurfacing or that they must/should have a hip resurfacing?

However, https://surfacehippy.info was served a subpoena on February 21, 2017 by Jones Ward PLC.



   

The subpoena demanded:

to produce relevant documents in the above captioned matter as they relate to your company, Joint Health Sites LLC and its publication of materials related to company being sued hip resurfacing devices.

1. For the purposes of this Exhibit, the term "company being sued" shall include all company being sued companies involved in the development, sale, manufacturing, marketing and distribution of Hip Systems, including any subsidiaries, affiliates, marketing partnerships and sales representatives.

2. Documents Requested via Subpoena:

a. All documents, reports, papers, notes, illustrations, photos, videos, advertising mock ups, studies, patient anecdotes, surgeon anecdotes, medical literature, advertising proofs, marketing plans, invoices, emails faxes and any other correspondence with company being sued from 2006 to present.

What is wrong with our country? Are lawyers running it?  I wish I had such power to make someone do something! I would make it an honest world where everyone followed the rules and treated each other with respect.

I want my readers to know that my website https://surfacehippy.info never tells anyone to have a hip resurfacing. The website provides information about hip resurfacing.  I am not a doctor or medically trained and can’t give medical advice.  Only an experienced hip resurfacing surgeon can do that. I can express my opinion that my BHR, Birmingham Hip Resurfacing is 12 years old and going strong. I can express my opinion that I feel hip resurfacing is an excellent option for people who are good candidates which is determined by an experienced hip resurfacing surgeon.  https://surfacehippy.info provides information about hip resurfacing, surgeons and thousands of personal stories of hip resurfacing patients. A large discussion group, Hip Talk, has about 5000 members who are very active and willing to answer questions about their hip resurfacings. It is a supportive group where people can talk to each other and learn.

An information website like https://surfacehippy.info should not be served subpoenas or be sued.  I truly wonder what is wrong with our world.  If every website providing information was sued, the internet would be a very small space without any information.

[Kingrob]

I am sorry to hear that you are going through this BS. We live in a crazy world where you can sue anybody for anything.

I want to thank you again for this website you created. It provided me valuable information that I used along with other research to make an educated decision on what direction I was going to take in getting my hip fixed. The testimonials of people who had their hips resurfaced and had good outcomes was very important to me in my decision making process to go in this direction. I also want to thank everybody who shared their personal stories.

When I looked at the numbers I began to understand that they were skewed by surgeons who did not have the experience to do this procedure. You did not make the decision for me to get my hip resurfaced. I am not that weak minded. I contacted a top surgeon who told me I was a good candidate for this procedure. He did not make the decision for me - I am not that weak minded. I am not a puppet - only I control if I have my hip resurfaced. I make my own decisions. You cannot be held accountable in any way for somebody having a bad outcome. This could happen in any procedure, there are no guarantees.

I could not be happier with the results and I am preparing to run in the Senior games. Without the information you provided in this website I do not believe I would be training to be able to compete.  Thank you for the hard work you put into this site. If there is anything I could ever do to help please let me know.

[Pat Walter]

Thank You Kingrob


I appreciate your kind words and am so happy the website was helpful to you.


I just wanted people to know how it angered me that lawyers wanted my emails to doctors, medical companies and patients.  I would never make patient emails available to anyone.  I never tell anyone what to do or that they should have a hip resurfacing.  I often give them a list of references on the website that might be useful for learning about hip resurfacing.  I also suggest they join the Hip Talk Discussion Group to talk to others that have had/about to have a hip resurfacing. But these emails are personal.


I did not have to supply any information since the subpoena was not served properly, but I imagine that will not be the last one.


What a crazy world.


Pat

[jimbone]

Pat,

You are right- a crazy world or at least some truly unhinged people in it.

This is not just your fight.  Every member who relies on this forum is jeopardized by these legal shenanigans.

Since you haven't made the request I'd like to: If there is an attorney on this forum can you weigh in?  Your help is needed.

Not sure what a layman can do to help beyond a financial donation for possible legal expenses [over due on my part anyhow] but don't hesitate to ask.  I hope you can keep us abreast and informed about this nonsense. 

For any attorneys following this thread: Is there a legal principle along the lines of frivolous lawsuits held against a malicious lawsuit, one designed to simply inflict unnecessary hardship for profit?

[Pat Walter]

Thanks jimbone.  I don't need an attorney now since the subpoena was not served properly.  It came in certified letter.  Crazy stuff.  I hope this won't happen again, but it seems the website is very visible to the world.  I guess the lawyers think I have a lot of control and power over the hip resurfacing world.  LOL  I am a good collector of information and a good webmaster.  That's pretty much where it stops.


I am happy that the website has helped to many learn about hip resurfacing and plan to keep growing to help more people learn in the future.


Pat

[jimbone]

Pat-

Have you had any communication with the originating law firm?  Do you know their intent; who they are seeking suit for; class action; seeking damages?  Are they just trying to shut the site down?  That doesn't make sense financially and these guys don't sound like social activists with a humanist agenda.  You mention the expectation of them taking another run at it.  I'd like to know what they're up to before they get that far.  Who are they representing and/or think they protecting?  Frankly I think the whole thing is bizarre- wanting to shut down a website that has no other purpose than to inform and assist people.  Very strange.

[Pat Walter]

The subpoena was not for me to shut down or to sue me.  Another law suit about hip resurfacing was going on and for some reason the lawyers thought I had information.  Ridiculous since I am not a doctor, hospital or medical device manufacturer. I guess just a "hail mary " on their part to find out something more than they had for the lawsuit.


I can't divulge who the lawsuit was against since it is not my business to do so.  But, I hate to think that every lawsuit against hip resurfacing surgeons, devices or hospitals will involve my website. I don't want people pounding at my door trying to serve subpoenas to me.  It is scary for anyone, but I am a 74 year old woman. Fortunately I have big dogs and now, locked gates.  Crazy


I do appreciate everyone's concern.  I just felt upset and angry about the whole thing and wanted to share how crazy it all can be running a website about something many people don't like.


https://surfacehippy.info is here to stay as long I have a laptop and domain hosting!  LOL

[karlos.bell]

Hi Pat. I am sorry you are going through this stuff my empathy is with you. Crazy stuff!

[Tim Bratten]

Hi Pat
Sorry to hear about the hassle. I haven't posted in a long time because De Smet fixed me up so well that I've basically forgotten about my hip problems. Just wanted to check in with a positive note about what a great resource your site has been and how much it helped me finding information in my time of need. Send that to the lawyers!

Cheers,
Tim Bratten

[Pat Walter]

Tim  Fantastic you are doing so well.  Very happy for you.


Yes a hassle, but I keep my gates locked, my doors locked and feed my big dogs well!  LOL  LOL


Thanks for stopping by.


Pat

[MattJersey]

Jones Ward PLC. Their website of cases paints a pretty negative picture contrary to so much of what this community knows and has real experience of. I guess there is more to it than meets the eye. As i understand it, the high failures are in cases where certain predispositions exist, primarily:
Smaller frame and head size, and
Inexperienced surgeon not making successful placement.

I guess time will tell where these lawsuits go. For me the website has given me a great hip function outcome. A non MOM THR might be better in the eyes of some, but then I would not be confident about sports as I am, my overall health might be worse, and I would simply be marking time until I need a revision. With my BHR I remain hopeful it will out last me!

I suggest not reading the below as it might make you worry ...


http://www.jonesward.com/smith-nephew-metal-hip-implant-lawsuits/

http://www.jonesward.com/stryker-rejuvenate-metal-on-metal-hips/

http://www.jonesward.com/depuy-asr-metal-on-metal-hips/

[hernanu]

I am sorry to hear this, Pat.  I have always looked at this site as a support site. It has never presented itself as anything else.

It has been a resource, a community and a place to find common ground and dispense my own experiences. All people who I've met here are independent and strong minded. It is completely their decision to proceed with an HR. It certainly was mine.

Having said that, it is execrable that the people who do most good are sometimes tested the most. I rate you as the first and unfortunately sometimes the second. Please keep your head up, you are doing good work.

[Pat Walter]

Thanks hernanu.  As always, I appreciate your input and posts on the discussion group.  Members like you who stay around after their hip resurfacings are so helpful to new members looking for information and stories. 


Thanks again.


Pat

[John C]

Pat, you and your website have been an incredible resource for myself and hundreds of others. I have watched over the years how well, and how carefully, you have treaded that sometimes fine line between offering experiences and information, versus offering medical advice. You have done a superb job of treading that fine line, so in the end I think that no one would be able to find fault with you or the web site. Hopefully they will not be able to cause you much trouble on the way to coming to that conclusion.

Thank you for all that you have done, and I hope that you are always rewarded and never punished for all of your positive efforts to be of help to people.