Insurance Dispute Lawyer Blog
Johnson and Johnson’s orthopedic division, DePuy Orthopedics, Inc., has issued a recall for two of their hip implant products, the ASR XL Acetabular System and the DePuy ASR Hip Resurfacing System. An estimated 93,000 individual’s received this implant surgery before the recall, and this has prompted many indvidual’s to file lawsuits against Johnson and Johnson as well as DePuy.
Specifically, a lawsuit was recently filed against DePuy and Johnson and Johnson for strict liability. The plaintiffs say that DePuy and Johnson and Johnson caused to be manufactured, marketed, and distributed the DePuy ASR Hip System, which has been recently recalled due to serious problems with the product’s safety. In particular, DePuy released data indicating that a greater number of patients than expected required revision surgery. DePuy’s report shows that five years after the hip implant surgery, approximately 1 in 8 individuals who received the ASR resurfacing device and 1 in 8 who had received the ASR total hip replacement, needed revision surgery. This second corrective surgery is necessary in many cases to completely remove the DePuy ASR Hip System and replace it with a different implant. This is deeply troubling, having hip replacement surgery is already a traumatic event, but having to undergo a second surgery only complicates and endangers individual’s health.
Further, plaintiff’s are claiming that the corrective surgery is necessary due to the defects of DePuy’s metal on metal hip implants. Medical problems associated with the DePuy ASR Hip System include the component device loosening, component malalignment, fracture, and dislocation. Due to these product design defects, plaintiff’s claim pain, swelling, and difficulty in walking for years after the DePuy ASR Hip System is implanted. But the implant also causes a condition called metallosis. Metallosis is a failure of the device and, in essence, occurs when the metallic ball and socket components of the DePuy ASR Hip System rub together and metal shavings are deposited in the socket and surrounding tissue. The recall notice acknowledges the issue of metallosis, recognizing that it can cause soft tissue damage that may complicate the results of the revision surgery. The plaintiff’s claim that everyday activities pose a significant challenge and pain discomfort are experienced regularly as a result of the DePuy hip implant. These issues are likely to be common for many people across the country who have received the implant as, again, the company’s own reports cite 13% failure rate and this is, most likely, a low count compared to the incidences that go unreported or unrecorded.
Also, the DePuy ASR Hip System is alleged to be defective and thus, unreasonably dangerous for ordinary use. This is important given the fact DePuy may have been aware of the problem and yet manufactured, distributed, and sold the product worldwide. Plaintiff’s further contend that the product was so dangerous that a reasonable consumer would not have contemplated receiving the implant had the dangers been known. However, again, the dangers of the product were not disclosed by DePuy, even though they have received product complaints dating back to 2005. Furthermore, the product lacked any adequate warnings or even instructions and left consumers at a complete disadvantage in dealing with their physical safety. It is important to note that DePuy, as a manufacturer, had a duty to the plaintiff/consumer to manufacture, distribute, and/or sell a reasonably safe product that would be fit for consumers, and this duty was breached by manufacturing and selling a product that resulted in thousands of individual’s experiencing pain and discomfort on a daily basis.
Financial compensation for those who have been effected by the DePuy recalled products is available. Legal representation can and will help to protect and enforce individual’s legal rights. If you have experienced pain and suffering or have had to have revision surgery after receiving one of the two recalled DePuy products, contact the Berniard Law Firm.
Providing the best advice and guidance, our law firm is fully capable of meeting your litigation needs. Call the Berniard Law Firm at Toll Free 504-521-6000 and an attorney will be more than happy to help you get the financial support you deserve.