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Depuy Hip Lawsuits

DePuy Orthopedics recently announced a full recall of their ASR XL Acetabular Hip Replacement Implant.  The recall is the latest step taken by the company to limit their damages only five years following release of the product, after thousands of people were affected by failure of their DePuy Hip Implant devices.

If you or someone you love received a DePuy Hip Implant, it is important that you speak with an attorney about your rights to a DePuy Hip Lawsuit before signing any releases from the company or making any decisions.

The DePuy ASR Hip Implant was marketed to younger, more active patients to be a less-invasive implant that lasted longer than other products.  However, it has produced extremely high failure rates and serious side effects for those who received the device.

Although less than 5% of hip replacements should require repeat surgery within 5 years, studies indicate that more that 13% of the approximately 93,000 patients who underwent surgery to install a DePuy device since 2005 have required a second surgery.

DePuy Orthopedics and Johnson & Johnson have earned billions of dollars in profits during the short time they sold the ASR XL Hip Implant. In 2009 alone, DePuy collected approximately $5.4 billion in revenue from the ASR Hip Implant. Yet, the company has offered minimal recourse for those affected by the painful failure of their hips.

Some examples of side effects from DePuy Hip Implant failure that surgeons have submitted to the FDA after replacing the faulty devices include loosening or dislocation of implanted cups, bone fractures, lack of bone growth into implanted cups and metalosis, or infection and inflammation from metal shavings.

These side effects can produce painful symptoms in patients including pain in the thigh, hip and groin, pain while walking or standing, as well as severe reactions to metal debris such as pain and soft tissue damage to the hip area, muscle damage, vision loss and hearing loss.

After stopping sales of the DePuy Hip Implant late last year, the company issued a full recall of all ASR XL Acetabular implant devices on August 26, 2010.  They have instructed patients to consult with their doctor for possible implant failure symptoms and have advised doctors to stop using the devices.

As part of the DePuy Hip Recall, doctors have been provided with information and a medical release to give each patient.  It is important that patients not sign this release, as it 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.

As the defective hip is one of the most important pieces of evidence in any DePuy Hip Lawsuit, returning this to DePuy could seriously affect your ability to bring a claim for damages in the future.

Legal Options

IF YOU HAVE RECEIVED A DEPUY HIP RECALL NOTICE, IT IS IMPORTANT THAT YOU DO NOT SIGN THIS RELEASE WITHOUT FIRST SPEAKING WITH A LAWYER.

As part of the recall, DePuy has indicated that it will only pay “reasonable and customary costs of monitoring and treatment” related to the recalled hip implants.  While this may include the cost of the surgery to replace the hip, the company has indicated it expects patients to submit surgery costs to their health insurance or Medicare then be reimbursed for co-payments.

This minimal offer of recourse by DePuy does nothing to compensate patients for the pain, suffering, lost wages or time they have experienced.  It also presents problems with the Medicare Secondary Payer Statute for patients who submit charges to Medicare or Medicaid and then receive awards of damages from the company at fault.

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.