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DePuy Hip Implant

The ASR (Articular Surface Replacement) XL Acetabular is a hip replacement system manufactured and sold by DePuy Orthopedics, which is a subsidiary of health care giant Johnson & Johnson.  

The DePuy ASR Hip Implant was marketed to younger patients as a high performance alternative to conventional replacement and resurfacing systems.  The unique metal-on-metal ball and socket design was intended to reduce wear and increase the life of the joint, while the implant preserved more of the natural hip material and required only a small incision to install. 

If you or a family member received a DePuy Hip Implant, it is important that you review our resource site and speak with a qualified DePuy Hip Attorney before signing anything from DePuy or Johnson & Johnson.

The ASR Implant was submitted to the FDA for approval in March of 2004 and approved for use in August of 2005.  However, DePuy utilized a less-stringent approval process known as the 510(k) process, which uses comparisons to current products rather than the traditional and more difficult pre-market approval process.

The DePuy Hip Implant was used in more than 93,000 patients from 2005 until 2010. In 2009 alone, revenue from the sales of the $5.4 billion

Unfortunately, serious problems began to surface with the DePuy Hip Implants soon after their introduction.  In 2007, approximately 100 patients reported problems.  That number jumped to more than 200 in 2008 and 300 in 2009.

Hip replacement implants are typically designed to last for 15 years or more. Experts indicate that no more than 5% of hip implant patients should need a revision, or replacement surgery, within 5 years.  However, studies show that more than 13% of patients who received a DePuy Hip Implant so far have needed a revision surgery.

In late 2009, DePuy halted sales of the ASR XL Acetabular Hip Implant, originally claiming the decision was due to declining sales, and not a recall.  In March of 2010, they warned surgeons of early failure rates and removed all remaining implants on the market from inventory.

On August 26, 2010, DePuy issued a recall of all ASR XL Acetabular Implants.  The move included instructions to patients that they consult their doctor to evaluate for possible implant failure symptoms such as pain and difficulty walking or standing.  They company also advised surgeons to discontinue using the devices.

Perhaps more interesting is the fact that DePuy has provided surgeons with an informational folder and medical release to be given to each patient, and offered compensation to those doctors who get their patients to sign the release. 

This is important because the release allows DePuy to obtain the patients medical records and agrees that the defective implant will be returned to DePuy after removal.  DePuy Hip Implant Lawyers caution that you do not sign this release before speaking with someone about your legal rights.

Legal Options

DePuy has indicated that it will pay “reasonable and customary costs of monitoring and treatment” related to the recalled hip implants, which may include surgery to replace the hip, if necessary.  However, this does not include compensation for other damages including lost wages, time, pain and suffering.

Lawyers are currently filing DePuy Hip Lawsuits on behalf of those affected by this defective product.  If you or a loved one received a DePuy Hip Implant, call us today to discuss your legal rights. 

 

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