- 93,000 DePuy ASR hip implants were recalled in August 2010
- At recall time, 13% had required surgical removal
- DePuy Pinnacle failure rate may be much higher
- If you received an ASR or Pinnacle hip implant, you may be entitled to compensation
- The Nations Law Firm will evaluate your case free of charge
COMPENSATION FOR INJURY
At The Nations Law Firm we have years of experience in pharmaceutical and medical device litigation. It’s what we do. We have the resources, knowledge, and commitment required to stand up to the drug and device companies and fight for your rights. If you or someone you know has developed complications after receiving a defective DePuy hip implant, please contact our offices for a free case evaluation by one of our experienced medical device attorneys.
Message from Howard Nations
DEPUY HIP IMPLANT RECALL
On August 24, 2010, DePuy Orthopedics, a subsidiary of Johnson & Johnson, announced a global recall of the ASR™ XL Acetabular System. This total hip replacement has been available in the U.S. since July 2003. Included in the recall was the DePuy ASR™ Hip Resurfacing System, a partial replacement, only approved for use outside the U.S. The recall was initiated following a study which showed that many patients receiving the hip implants suffered from severe pain, stiffness and swelling, followed by popping and grinding sensations, which interfered with their ability to walk, stand, or sit for long periods of time. These symptoms worsened over time resulting in severe disability often requiring a second hip replacement surgery, called revision surgery.
At the time of the ASR recall, 13% of the total hip replacement patients had undergone revision surgery within 5 years of receiving the defective implant. That number has risen drastically since then and undoubtedly will continue to rise as time passes. Having to endure a second hip replacement surgery followed by months of painful rehab is difficult to accept, especially when it’s someone else’s fault. What could be even worse is to need the revision surgery, but not be a candidate for surgery. These patients will have to live with the defective hip implant and continue to suffer indefinitely.
DePuy Orthopedics defectively designed the ASR hip implant systems. Specialists believe that the acetabular cup may be the problem since it is shallower than other proven hip implants. Tiny metal shavings and debris may damage the surrounding tissue causing painful complications and impeding the chances of a successful revision surgery. According to the Recall Pack issued by DePuy, the defects also include component loosening and misalignment, dislocation of the elements, infection, fracture of the bone, metal sensitivity, and pain.
DePuy’s wrongdoing didn’t stop with the defective design. They also failed to adequately test the product before putting it on the market and they failed to issue immediate warnings once they became aware of the problems. DePuy was receiving complaints for at least 2 years and even recalled these same hip implants in Australia in December 2009. Each one of these steps could have saved thousands of people from the unenviable dilemma they are now facing.
BAD ASR HIP IMPLANT DESIGN
The ASR was not the first defective hip device designed, marketed, and sold by DePuy Orthopedics. They are also responsible for the DePuy Pinnacle hip implant which has been on the market since 2000. Experts have determined that the DePuy Pinnacle device is also defective. The defective design causes problems very similar to the DePuy ASR, including loosening of the components, popping, clicking sounds, pain, and dislocations ultimately requiring revision surgeries. The failure rate for the Pinnacle device may actually be higher than that of the ASR device. So far, DePuy has managed to avoid having to recall the Pinnacle device. They just recently announced the approval of a new and improved version of the Pinnacle. In the industry, this tactic is often referred to as a “silent recall” because it’s a way to get your defective device off the market without the bad publicity and lost profits that inevitably accompany any recall. DePuy’s attempts to avoid bad publicity appear to have been in vain. An MDL was recently established in a federal court in the Eastern District of Texas to accommodate the thousands of lawsuits being filed against DePuy and their parent company Johnson & Johnson by people who were injured by the DePuy Pinnacle hip device.