Insurance Dispute Lawyer Blog
Johnson & Johnson’s DePuy Orthopedics unit has recently recalled two hip implant products, the ASR XL Ace tabular System and the ASR Hip Resurfacing System. The recall was announced in late August 2010, yet reports have surfaced showing that DePuy may have been aware of problems relating to their hip implant product as far back as 2007. This means that thousands of individuals received the hip implant system and may have been subjected to needless pain and suffering, had the product been recalled when the problems were first brought to DePuy’s attention.
The DePuy Hip Implant System was recalled after data revealed that 12-13% of individuals who received the implant system needed a second corrective surgery to remedy problems related to the DePuy product. The issues that the hip implant has caused individuals is concerning to say the least, the metal on metal hip implant has led many to suffer bone fractures, broken bones, and metallosis, which is when friction of a metal device produces metal shavings that become deposited in the socket of the device and in the surrounding soft tissue. Additionally, individuals have reported experiencing hip pain, loosening of the hip implant, the implant failing completely, additional surgery, and difficulty performing daily tasks that were once easy to do. The fact all of these problems have been occurring after having an implant that was supposed to offer freedom from these very problems is a significant problem.
Over the years, negative reports of the hip implant system grew steadily, with over 100 reports made in 2007, 200 in 2008, and over 300 in 2009. However, DePuy waited until 2010 to recall the product. In fact, the Food and Drug Administration (FDA) has released records which show that, as early as 2008, they received hundreds of complaints on the hip implant system in the United States. This has led the FDA to closely monitor parent company Johnson & Johnson since the hip implant system is the 11th recalled product in the past 11 months for the companies. In addition, the FDA sent DePuy on August 19, 2010, a warning letter requiring the company to halt the sale and production of two of the company’s products (a knee replacement device and a hip implant device) because they were both without FDA’s marketing clearance and in violation of the Federal Food, Drug, and Cosmetic Act (FFDCA).
Individuals who have received a DePuy ASR hip implant are advised to contact legal representation. Financial compensation may be available against Johnson & Johnson and DePuy as a result of the negligent design of the device and the failure to warn recipients about the risk of problems or issue an ASR hip recall earlier. If you have received the ASR hip implant system, than please contact the Berniard Law Firm. The Berniard Law Firm is fully capable of meeting your litigation needs by providing consistent, viable advice and guidance that you can depend on.
Call the Berniard Law Firm Toll-Free at 504-521-6000 and an attorney will be more than happy to help you get the financial support you deserve.