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DePuy Hip Implant
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DePuy Company History
Many people today associate hip implants with the troublesome DePuy ASR Hip Implant or Zimmer Durom Hip Implant that have been recalled in recent years due to high failure rates. However, hip replacement procedures have actually been around for decades and have yielded positive results for many patients whose natural hip was damaged by injury or arthritis.
The concept of using an artificial ball and cup device to replace a natural hip system was first developed by the English orthopedist Sir John Charnley in the 1960s. Charnley created a dense plastic polyethelene cup and metal ball device that worked quite well, but suffered from excessive wear and bonding problems.
In the decades since, companies have introduced updated variations of Charnley’s artificial hip in an effort to improve on joint wear, dislocation tendencies and the bonding of the pelvic bone to the implanted cup. They have experimented with larger ball joint sizes and introduced new materials such as harder plastics, metal and ceramics.
Johnson & Johnson and DePuy Orthopedics have been significant players in the artificial hip industry, producing close to a third of all hip implant replacement systems used in surgeries in the United States.
The DePuy ASR XL Hip was designed to be a high performance hip implant offering reduced wear, longer life and less chance of dislocation due to its unique metal-on-metal ball and socket system. Originally submitted to the FDA for approval in March of 2004 and approved for use in August of 2005, it was marketed to younger, more active patients.
Between 2005 and 2010, the DePuy ASR XL Implant was used in more than 93,000 patients and generated $5.4 billion in revenue in 2009 alone. Unfortunately, doctors soon noticed serious problems with the implants in patients returning after surgery.
In 2007, approximately 100 patients who had received the DePuy Hip Implants reported problems. By 2008 the number of patients with significant problems jumped to more than 200 and by 2009, over 300 patients were reporting symptoms consistent with implant failure.
Hip replacement implants are usually intended to last for 15 years or more. According to experts no more than 5% of hip implant patients should need revision surgery within 5 years. However, with the DePuy Hip Implant, more than 13% of patients so far have needed a revision surgery.
Doctors replacing faulty DePuy Hip Implants have noted problems including loosening of implanted cups, dislocation, lack of bone growth into implanted cups and metalosis, or inflammation from metal shavings.
In the later part of 2009, DePuy discontinued sales of the ASR XL Implant, using the excuse of declining sales. By March of 2010, they started warning doctors about the early failure rates and removing all remaining implants on the market from inventory.
Legal Options
DePuy issued a full recall of the ASR XL Acetabular Implants on August 26, 2010. Since then they have advised doctors to stop using the device and told patients to see their doctor for symptoms of pain or difficulty walking or standing, which could signify implant failure.
As part of the recall, DePuy is also attempting to have each patient sign a release and has indicated it will only pay “reasonable and customary costs of monitoring and treatment” related to the recalled hip implants. The offer does nothing to compensate patients for the pain, suffering, lost wages or time they have experienced.
It is important that patients speak with an attorney before signing the release or making any decisions with regard to their faulty implant. Signing this release would allow the company to obtain all of the patient’s medical records and require that they turn over the defective hip implant once it is removed, significantly limiting their legal options.
If you or a loved one received a DePuy Hip Implant, it is important to speak with an attorney before taking any action. Lawyers are currently filing lawsuits for the damages suffered by those affected by this defective product. Contact us today to discuss your legal rights. Time to file a claim is limited.
