Depuy ASR hip replacements, part of the Johnson & Johnson’s implant division, has recently been recalled due to problems with its placement during surgeries and general issues relating to the product. Along with metal shavings slowly being cast into the soft tissue of patients, the following are problems patients have noted as experiencing as a result of the implant and procedure:
Pain in the Hip Region
Problems While or Inability to Walk
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.
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.
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