J&J DePuy Hip Replacement Recall
New Hampshire & Maine Product Liability Attorney
In August of 2010, DePuy Orthopedics Inc., a Johnson & Johnson company,
issued a voluntary recall of its ASR XL Acetabular and its ASR Hip Resurfacing
Systems due to high hip replacement failure rates. This is a metal on
metal system that DePuy originally touted as one that would last longer
than others and provide more mobility. However, due to the defective nature
of this implant, the DePuy recalled hip replacement fails at a significantly
higher rate than other implants.
Doctors estimate that 5% of patients that undergo hip replacement surgery
will require "revision surgery" to correct problems with their
device within five years. By contrast, 12-13% of patients who received
one of the recalled DePuy implants required repair surgery in five years
or less. Recent studies from the UK suggest that the failure rate for
this system may actually be as high as 49%.
The defective design and metal on metal nature of this implant has caused
many people to develop dangerously increased cobalt and chromium levels
as the metal components grind together and release metal fragments into
the blood and surrounding tissue. Patients who received the devices have
suffered complications including fractures around the site of the implants,
loosening or dislocation of the devices and metal debris from the device
that may spread into the blood stream and / or damage surrounding tissue.
Although DePuy finally recalled the ASR system in August 2010, there was
significant information that the product was defective long before the
recall. The FDA received over 400 reports in the three years prior to
the recall. Also, this same system was taken off the market in Australia
in December 2009 based on results of a 2009 Australian study. Shortly
thereafter DePuy announced that it would be phasing out the system due
to slow sales but did not mention the Australian study.
In March 2010, DePuy sent letters to doctors warning them about potential
problems with the ASR hip replacement but waited until August 2010 to
finally announce the worldwide hip replacement recall.
As indicated above, DePuy has already contacted many doctors. In addition,
DePuy has pledged to cover the out of pocket costs of "reasonable
and customary costs of monitoring and treatment." However, DePuy
has not offered to pay for many of the other elements that are available
under the law such as pain & suffering, lost wages, loss of enjoyment
of life and permanent injury.
Hundreds of people have filed product liability and negligence lawsuits
against DePuy, Johnson & Johnson and its affiliates for injuries suffered
due to this defective implant. In December 2010, many of these lawsuits
were consolidated into a Federal Court Multidistrict Litigation in the
Northern District of Ohio. This means that discovery and pre-trial matters
will be handled on a consolidated basis for those lawsuits that are part
of the MDL rather than in individual state or federal courts.
Do you have a DePuy lawsuit?
If you had the DePuy hip replacement surgery, then you may be entitled
to legal representation. The New Hampshire product liability lawyers at
Shaheen & Gordon, P.A. suggest that you call as soon as possible to
inquire about representation. Anyone who received this hip implant may
be able to join a multi-district litigation (MDL). If you experienced
the following symptoms while the DePuy hip implant was in place, you may
have a case:
- Hip pain that worsens when walking, sitting and standing
- Thigh and groin pain
- Audible noises coming from the hip implant such as "clicking"
- Difficulty moving
- Inflammation in the affected area
- Bone loss surrounding the hip implant
Shaheen & Gordon, P.A. is currently handling these types of cases.
There is a statute of limitations, which means that you have a limited
amount of time in which you can file a lawsuit. In many cases, that limit
is two years from the date of the injury, but a variety of factors can
affect the amount of time you have to file.
Important Statute of Limitations Information
If you have a DePuy ASR hip replacement, you may need to act quickly to
protect your legal rights. On August 24, 2010, there was a voluntary recall
of the DePuy ASR TM total hip system. DePuy may argue that the statute
of limitations began to run for all cases as of this recall at the latest.
That means if your state has a 3 year statute of limitations,
DePuy may claim that any cases filed after August 23, 2013 are time-barred. If you are considering pursuing a claim, you should not delay. Please
call today to speak with a Shaheen & Gordon, P.A. personal injury attorney.
Contacting a New Hampshire Personal Injury Lawyer
Shaheen & Gordon, P.A., is currently handling cases in the MDL. If
you think you may have one of these defective implants, you should contact
your surgeon and / or obtain your medical records to confirm. If you have
questions regarding a potential
personal injury and
product liability claim,
contact a New Hampshire personal injury attorney at our firm today.