DePuy ASR Hip Systems Recall
On August 24, 2010, DePuy Orthopaedics, a division of Johnson & Johnson Services, Inc., announced a recall of its dangerous and defective ASR hip implant replacement devices. Unfortunately, over 93,000 of these devices have been used in hip replacement surgeries. The DePuy Hip Recall was prompted due to a higher than expected number of people experiencing pain and other symptoms so severe that a second hip replacement surgery, called revision surgery, became necessary. Major newspapers, such as The New York Times, have published articles about the problems and potential for more widespread problems for persons with these implants.
For more information:
Types of DePuy Hip Replacement Systems Recalled
The DePuy hip recall involves two of its hip replacement system devices sold between 2003 and 2009:
- DePuy ASR XL Acetabular Hip System; and
- DePuy ASR Hip Resurfacing System.
Symptoms of a Failing DePuy ASR Hip Implant
There are a variety of symptoms caused by a failing or defective DePuy ASR hip implant and vary from patient to patient, but the most serious problems include the following:
- Serious Pain
- Inflammation, or Swelling
- Problems Walking
- Loosening of the Implant, with Possible Detachment
- Dislocation of the Hip Implant
- Fracture of the Bone Around the Hip Implant
Hip Implant Problems
The DePuy ASR hip replacement systems are part of a metal-on-metal bearings class of joint replacement systems. The DePuy ASR hip consists of ball and socket components that rub against each other. Through its normal wear, these metal components generate debris particles that can cause serious health issues. The debris particles can cause fluid to collect in both the joint and the muscles around the joint. Initially, this condition may be painless, but if left untreated, this reaction can cause pain and inflammation around the joint, leading to possible damage of the muscles, tissues, bones, and nerves around the hip. You should immediately inform your doctor of any physical symptoms you are experiencing, especially if you are experiencing any pain, or if you observe any change in the area around the hip implant. You should also consult your doctor about a blood test to check your chromium and cobalt levels for heavy metal poisoning, or metal hypersensitivity.
1 Out of 8 Will Need a New Hip Replacement
The National Joint Registry of England and Wales completed a 2010 study that showed 12% of DePuy ASR Hip Resurfacing Systems and 13% of DePuy ASR XL Acetabular Systems needed a second hip replacement surgery within 5 years or the original hip replacement surgery. Therefore, approximately 1 out of every 8 hip replacements with these DePuy implant systems will have total failure and an even greater number may experience hip replacement problems.
DePuy Hip Revision Surgery
Hip revision surgery is surgery to correct or replace a hip replacement system. With a 12 - 13% rate of premature failure, it's likely that 11,600 or more people will now need to undergo a second complicated and painful hip replacement procedure by 2014.
DePuy Hip Recall FAQs
Below is a list of frequently asked questions about the DePuy hip recall. The answers to these questions are not intended to provide personal medical advice and treatment. Medical and legal consequences of the DePuy hip recall will depend upon your personal experience with the DePuy ASR hip replacement system.
Which DePuy Orthopaedics hip replacement systems were recalled?
Only the DePuy ASR XL Acetabular Hip Systems and DePuy ASR Hip Resurfacing Systems have been recalled. The DePuy ASR Hip Resurfacing System was not approved for use in the United States.
How can I determine if the hip replacement I have is one of the recalled DePuy ASR hip replacement systems?
By obtaining your medical records from your doctor, we can help you determine which hip implant replacement system you have.
When would the surgeries involving the recalled DePuy hip replacements have occurred?
The DePuy ASR hip replacement system was approved for use in 2003 and the company began to discontinue the line of products at the end of 2009, but it is possible a hip replacement surgery occurring in 2010 still could have used the system that was part of the DePuy hip recall.
What are some of the symptoms of a failing DePuy hip replacement system?
The DePuy hip replacement problems will differ from person to person and it is important that you consult with your doctor, even if you have not had any problems at all. The most severe problems with the DePuy hip replacement, those requiring a second hip replacement surgery, are listed below:
- Serious Pain
- Inflammation, or Swelling
- Problems Walking
- Loosening of the Implant, with Possible Detachment
- Dislocation of the Hip Implant
- Fracture of the Bone Around the Hip Implant
Will I need another hip replacement surgery?
If you have experienced problems with your DePuy ASR hip replacement system, a surgery for a secondary hip replacement will be likely. Your doctor will determine whether another surgery is necessary. In other cases, additional tests and monitoring may become necessary.
DePuy is offering to pay my medical bills, do I need a lawyer?
Yes. DePuy claims that it is going to cover "reasonable and customary costs of monitoring and treatment," but the reality is quite the contrary. In particular, DePuy has requested that patients submit all medical bills to their private health insurance, and DePuy would simply pay for co-pays and deductibles. This presents many problems.
Under Federal Medicare Regulations, and under ERISA health insurance programs, the patient can actually be responsible for reimbursing the cost of medical treatment if they obtain recovery from a third party. By DePuy offering to pay co-pays and deductibles, as opposed to the entire cost of treatment, DePuy may be creating significant legal liability exposure to the patients who have received the DePuy ASR hip replacement system. The patient becomes responsible for reimbursement of the entire cost of medical treatment to Medicare and/or the ERISA health insurance carrier.
Further, co-pays and deductibles are not the only damages sustained by a victim of a defective DePuy ASR hip replacement system. The countless worry, pain, suffering, aggravation, disfigurement, time lost from work, and the impaired enjoyment of life are additional elements of damages that you may be entitled to compensation for. In addition, each hip replacement has a decreased life expectancy. For example, one's first hip replacement is supposed to last on the average of fifteen (15) years, the second for ten (10) years, and the third for eight (8) years, and so forth. By having to replace the initial hip replacement after only a couple years use, DePuy has accelerated the time table for future hip replacement.
In addition, serious medical questions currently remain unanswered. The high levels of friction in the DePuy hip system releases cobalt and chrome ions into the synovial fluid. To date, there is no clear medical literature to establish what, if any, effect these potentially carcinogenic substances may have on the human body. Further, most patients tend to shift their weight to the opposite hip, causing additional problems due to a defective DePuy ASR hip replacement system.
Legal representation is necessary to protect one's legal rights, obtain adequate compensation, and to ensure that a lawsuit is filed in a timely fashion, so that the claim is not permanently barred by the statute of limitations.
Who can file a DePuy hip recall claim?
Persons with a DePuy ASR hip replacement system implanted between 2003 and 2010 may be entitled to file a DePuy hip recall claim.
You or a loved one may be entitled to financial compensation if you experienced problems after a hip implant surgery using one of the recalled DePuy hip replacement systems. Law Offices of Roger E. Bishara, P.C. is handling all DePuy hip implant cases jointly with two other top law firms in the State of Texas, the law firms of Parker McDonald, P.C. and Harrison Davis Steakley Morrison, P.C. Our legal team consists of well-experienced trial lawyers, and our DePuy Hip Recall lawyers stand ready to discuss your situation with you and relentlessly pursue your legal rights. We are handling DePuy hip implant cases Nationwide, and we represent all persons involved in a DePuy Hip Recall lawsuit on a contingency basis, meaning there are never any legal fees unless we win compensation in your case. Contact our firm today for a free DePuy Hip Recall case evaluation, or if you are unsure of what type of hip implant replacement system you received.