DePuy ASR Hip Implants

Product Defect and Negligence Central to Claims Against DePuy for Faulty Hip Implant

Published on: September 24, 2010 | By Berniard Law Firm

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.

Outrage Building Over DePuy ASR Hip Implant Recall – How Long Did Company Know of Problems?

Published on: September 22, 2010 | By Berniard Law Firm

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. The recall was triggered by the exceptionally high number of individuals experiencing severe pain and discomfort after having the hip implant surgery. In fact, DePuy released a report that 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 a second surgery called a revision surgery in order to correct the first implantation.

This is, of course, a disturbing report. Having hip replacement surgery is traumatic to begin with, but to require a second surgery to correct a problem that should not have existed, only further endangers the individual’s health and makes the healing process more difficult. To date, over 93,000 individuals have undergone hip replacement surgery and received one of the two recalled DePuy products.

Moreover, the recalled products have resulted in serious physical issues. Some of the physical issues the products have caused include the product itself wearing out after five years and leading to fractures of the artificial hip, loosening of the device itself causing bones breaking around the hip socket area, and swelling and difficulty walking. The recalled products have resulted in thousands of individual’s experiencing pain on a daily basis, these two products were supposed to help individuals, not hurt them.

Significantly, the DePuy ASR Hip resurfacing System was not approved for use inside the United States, and thus, did not go through the necessary testing and treatments to ensure that the hip implant was safe for individuals to receive. Questions surround whether or not Johnson and Johnson knew about the dangers of the two hip implant products years before they recently recalled them. In fact, these two products have had complaints dating back to 2005 from Canadians, Americans, British, and Welsh. Further, this is not the first product that Johnson and Johnson has had recalled in recent months, these two hip implants products will be the 11th recall for the company in the past 11 months.

It took Johnson and Johnson five years to recall the hip implants, even though they had a report stating the high number of people who were experiencing severe pain and discomfort, not to mention the need for a second corrective surgery. For a wide variety of issues relating to this unfortunate matter, financial compensation for those who have been effected by these two 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 even have had to undergo a second corrective 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.

DePuy ASR Hip Replacement Implant Lawsuits Begin Due to Faulty Product

Published on: September 14, 2010 | By Berniard Law Firm

Individuals who have entrusted the DePuy company with their physical well being after requiring hip replacements are finding significant problems with their prosthetic. Though implants like this often last more than a decade, at times as long as 15 or more years, the ASR hip implant cup has seen failure after only a couple years after being installed. DePuy Orthopedics, a division of Johnson & Johnson, has begun notifying doctors of the implants failure and is drawing attention now for how the hip implant can be falling so significantly short of the advertised longevity.

Operating as a metal on metal replacement in the event an individual requires a hip implant, the ASR cup requires a significant amount of skill and care in its installation. Should the implant not be installed properly, or the bone does not properly fit into the implant, significant wear and tear can develop that leads to implant failure. When this device fails, a surgical fix is required that can be extremely painful for the recipient. What’s more, as there is inherent danger involved in any surgical procedure, and hip replacements are often carried out for the elderly, this is an unacceptable development for the product.

Product defect suits can often be difficult because there are a wide variety of factors. One issue that will come into question in legal action against DePuy will be how long the company was aware that the implant had a high failure rate. Should it be provable that DePuy was slow to take action about notifying doctors, and subsequently their patients, about problems related to the ASR hip replacement, real responsibility consequences will be issued against the division of Johnson & Johnson that will mean monetary damages paid out to patients.