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.
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