Products manufactured according to substandard standards may inadvertently cause extensive injury or death to its owner, says Alabama liability attorney…
Belt & Bruner, P.C., is now reviewing claims by total hip replacement patients who received the recalled DePuy ASR XL Acetabular System.
Litigation is currently underway in state and federal courts across the country on behalf of patients who claim they were harmed by this device.
It is important for patients to know why this medical device was recalled, the complications associated with it and steps they should take immediately if they believe they have a valid legal claim.
Why Was the DePuy Hip Implant Recalled?
On August 26, 2010, the DePuy unit of Johnson & Johnson announced a global recall of its ASR XL Acetubular and ASR Hip Resurfacing systems. Only the ASR XL Acetabular Hip System had been sold in the U.S. An estimated 93,000 of the units had been sold worldwide since 2003.
The ASR XL Acetubular implant had been widely used in total hip replacement surgery. It was marketed as a high-performance hip implant suited for a younger, more active demographic.
The device consisted of a femoral head, femoral stem in the thigh bone and a metal cup in the hip bone (acetabular) – all made of cobalt and chromium metal. The ball was attached to the taper of the stem.
However, medical studies began to emerge within a few years of the ASR hip implant hitting the market that raised questions about the safety and effectiveness of the device.
In particular, these studies pointed to the device’s significantly high failure rate and evidence that the metal-on-metal implants were allowing metal ions to seep into surrounding tissue and the bloodstream.
In addition, the U.S. Food and Drug Administration (FDA) reported that it had received complaints from patients involving metal-on-metal hip implants for issues that involved:
- Bone and tissue damage as a result of metal debris
- Dislocation of the device
- Bone fracture or damage
- Impaired walking ability
- Pain and swelling.
In 2011, data from the British Orthopaedic Association and British Hip Society confirmed that ASR failure rates ranged from 21 percent after four years to 49 percent after six years.
What Can You Do If You Received a Recalled DePuy Hip Replacement?
If you are unsure whether you received the recalled DePuy ASR hip implant, you should check with your orthopedic surgeon. The surgeon should provide you with a copy of the operative report or the implant’s label, indicating the manufacturer and model. At Belt & Bruner, P.C., we can assist you in acquiring this information.
If you learn that you did receive the recalled all-metal hip implant, you should consult your doctor about being tested for complications that have been associated with these devices, including blood tests for cobalt and chromium levels. Your doctor may recommend that you undergo surgery to have the device removed and replaced, or “revision” surgery.
Do not sign a release or any document presented to you by DePuy or your surgeon relating to the device. You may be signing away important legal rights.
You should contact the Belt & Bruner, P.C., without delay. We can review your case and help you to determine the options you have for pursuing compensation.
Act Today! DePuy Hip Implant Litigation is Underway
Thousands of DePuy ASR hip implant lawsuits have been filed across the U.S. by patients claiming that the device was defectively designed and/or manufactured and that the manufacturer failed to provide patients with an adequate warning of the device’s risks.
In addition to class action lawsuits filed in state courts, lawsuits have been filed in federal courts and consolidated for litigation in the U.S. District Court for the Northern District of Ohio.
Several news outlets have reported on settlement negations between Johnson & Johnson and the plaintiffs in those lawsuits. It has been reported that any settlement of pending claims would be “uncapped,” meaning it would not bar hip implant patients in the future from asserting legal claims.
Belt & Bruner, P.C., is ready to help you. Please don’t wait to take action.
Contact us today and receive a free review of your case.
For More Information
- Metal-on-Metal Hip Implants, U.S. Food and Drug Administration
- J&J Hip Failure Rate as High as 49 Percent, U.K. Doctors Say, Bloomberg News
- F.D.A. Seeks to Tighten Regulation of All-Metal Hip Implants, The New York Times
- J.&J. Unit Phasing Out All-Metal Hip Devices, The New York Times
- DePuy ASR Hip Replacement Recall Guide, DePuy Synthes
- J&J Said to Reach $4 Billion Settlement of Hip-Implant Suits, Bloomberg News