DePuy Hip Implants Lawsuits

Last September, DePuy Orthopaedics, a division of Johnson and Johnson finally issued a recall of its ASR Hip Replacement systems. This was in response to the unacceptable high failure rate seen in patients who have undergone hip replacement treatments using its ASR Hip Replacement Systems. More than 90,000 patients have been implanted with the DePuy Hip Implants worldwide, with thousands of patients reporting serious complications as a result of treatment. 

The recall covers patients who have undergone hip implant surgery after July 2003. DePuy Orthopaedics is recommending that patients who have undergone Hip Implant treatment using their ASR Hip Replacement Systems to immediately contact their surgeon to determine if they are covered under the recall notice; however, many still question the timing of the recall alleging that DePuy Orthopaedics deliberately withheld information from patients and health care providers. 

DePuy Hip Implants History of Failures

The DePuy ASR hip implant is used for hip resurfacing (which is apparently not an issue), and more traditional hip replacement (which is at issue). The device is a metal-on-metal ball and socket which can cause metal debris early in the life of the implant which causes inflammation and can lead to damaged muscles and soft tissue. The end result is that a very expensive and painful replacement surgery, intended to last about 15 years, ends up needing revision surgery within two to three years.

DePuy and Johnson & Johnson tried to hide the failures of the implants from consumers. The product was more heavily used in Australia, and it was withdrawn from the Australian market in December of 2009. A few months later, DePuy announced that it was “phasing out” the product from the American market due to slowing sales and not as a result of the growing number of failures with its Hip Implant systems.

The ASR has significant problems due to the two years of reports of device failures, the experience of the Australian market, and DePuy’s own statements.   A letter dated March 6, 2010 from DePuy states that the device has a higher failure rate when used on “certain types of patients,” which include those of short stature (often women) and people with certain bone weaknesses.

There is currently no information for consumers about the hip replacement problems anywhere on DePuy’s website or Johnson & Johnson’s website. The manufacturers are simply trying to avoid their responsibilities. The "phasing out" should have come sooner (at least at the same time as the Australian "withdrawal" from the market), and the manufacturer should have confessed its problems early, instead of lying to the public about “slowing sales.”

Who Is Covered Under the DePuy Recall?

Depuy Orthopaedic’s ASR Hip Implant systems first became available on the market on July 2003 and have since been used in thousands of Hip Implants worldwide. The Recall covers patients who have undergone Hip Implant surgery using DePuy Orthopaedics ASR Hip Resurfacing System and ASR XL Acetabular System from 2003. Those who had Hip Implants prior to 2003 are not included in the recall list. Patients who had undergone Hip Implants during this period are encouraged to consult with their surgeons to determine if a DePuy Hip Implant system was used and whether they should undergo immediate corrective treatment.

Medical Complications

Complications experienced with DePuy’s Hip Implant system are attributed to its inability to stay properly attached in its anatomical position. As a result, the Hip Implant becomes dislocated and misaligned damaging nearby bones and tissues leading to pain which includes:

• Pain in the hip area
• Weight bearing pain
• Lower leg pain
• Groin Pain
• Walking Pain
• Pain when seating

Compensation: Know your Rights

DePuy Orthopaedics's recall on its defective ASR Hip implants coincidentally? tracks slower sales after growing reports about its defective hip implants systems came into light.  DePuy Orthopaedics seemingly has at least partially admitted it is to blame for the devices and has announced that it is committed to helping patients in payments associated with their product’s recall. They have set aside almost a $1 billion to deal with the recall.

Countless cases have been filed against negligent drug companies with patients being awarded millions of dollars in damages and compensation. DePuy’s liability does not end with its statements that it would be shouldering expenses associated with their defective Hip Implant systems. Patients who undergo corrective surgery as a result of these treatments could suffer huge losses such as lost wages, pain and extensive recovery time needed after an operation. Despite Johnson and Johnson’s promises, patients may require filing a lawsuit to get full compensation for damages.

DePuy Hip Implants Lawsuits

The DePuy Hip Implant System was first used in the United States in 2005. Since then, the Federal Drug Administration has received hundreds of complaints from patients who suffered medical complications from surgery. There may be hundreds of thousands of patients who have been suffering from complications from hip implant surgery but are unaware of the problems associated with the defective DePuy Hip Implant systems.

Most of the lawsuits being filed today against Johnson and Johnson’s DePuy Orthopaedics stem from allegations that the company was not forthcoming about their failed hip replacement system, they failed to conduct conclusive research on its hip implant device, and failed to issue a recall in a timely fashion.  Johnson and Johnson and DePuy’s errors exposed thousands of patients to complications which otherwise could have been avoided if the company acted in an ethical and professional manner.

DePuy Hip Implants Lawyers and Services

DePuy Orthopaedics, a division of Johnson and Johnson announced in its website that they will be covering “reasonable” and customary costs of treatments including revision surgery. The company continues this line of “reasonable” compensation by saying that it will be covering lost time from work and some expenses associated with treatment.  This leaves patients wondering how much the company, if any, will be compensating for the pain and suffering their defective Hip Implants systems have caused. Patients are also required to sign a medical release form absolving the company from any damages “not covered” before DePuy Orthopaedics distributes any funds.

Obtaining services from a lawyer who is knowledgeable on the  DePuy Hip Replacement to safeguard your interests before signing any document surrendering your rights to just compensation. Patients who have been victimized by these defective Hip Replacement systems understand that damages go beyond corrective surgery, lost time from work and travel expenses.   

DePuy’s hip implant systems legally fall under a product liability case where a defective medical device is proven to have caused injury to a patient seeking treatment. Due to the nature of the case, patients may ask for both actual damages (medical bills, lost wages) and non-economic damages (pain and suffering). Circumstances and compensation may vary from one individual to another. Obtaining services from a DePuy Hip Implant lawyer ensures that you recover just compensation for lost wages, medical bills, lost productivity, pain, suffering and more. 

Do you think you have a potential hip replacement lawsuit involving a DePuy hip? Call 800-553-8082 or go online for an internet consultation.