DePuy Orthopaedics has announced a recall of the DePuy ASR Hip replacements that are part of the recall are both the ASR XL Acetabular System and the ASR Hip Resurfacing System. These DePuy ASR hips have been implanted since 2005 in the United States and since 2001 internationally.
DePuy ASR Hip Revision Surgery. DePuy ASR recall patients may require a painful revision surgery to remove and replace the defective hip implant. DePuy estimates approximately 10,000 patients may need revision surgery, however we believe that this underestimates the number hip revision surgeries that will be necessary.
The DePuy ASR revisions are necessary because the device is defectively designed and manufactured so that high levels of metal ions may be released from the DePuy ASR hip. This metal ion release damages tissue, causes pseudo tumours, and results in osteolysis requiring hip revision surgery to remove and replace the device. This may happen shortly after the DePuy ASR hip replacement is implanted into the patient or it may take years to occur.
DePuy Hip Revision Patient Profile. The Adverse Event Reports involving the DePuy ASR submitted to the FDA by surgeons performing DePuy hip revision surgeries mention instances of "loosening, pseudo tumour and metalosis." Surgeons have noted upon revision that the DePuy ASR hip cup was "loose and easy to revise", that the "the cup popped right out" and that "there was no evidence of any bony ingrowth." This is in spite of the surgeon's prerevision observation that "The patient was revised to address complaint of extreme pain when weight bearing. X-rays looked good, and cup was in position."
The DePuy ASR Hip Problems Well Known for Years. Prior to the DePuy hip recall, published articles detailed the design problems with the device. Hundreds of Adverse Event Reports to the FDA in the United States confirmed what the studies showed. The DePuy ASR hip was withdrawn from the Australian market in December 2009. On May 25, 2010 a Medical Device Alert was issued in the UK for the DePuy Hip.
DePuy Hip Recall Liability Management Program. DePuy or your surgeon may ask you to sign documents that allows DePuy to keep the explanted hip implant and to do "testing" on it. The explanted device is a valuable piece of evidence and a patient may not be able to prove a product defect case without the explanted hip device. Patients should be wary of this and not jeopardize their current and future legal rights by signing any documents for DePuy without obtaining independent legal advice. Patients may not realize what they are doing and think they are "just doing what the doctor asked" when they sign the documents. Contact Tauber Westland & Bennett for a free consultation before you sign any documents regarding your DePuy hip implant!
Monetary Damages and Compensation for DePuy ASR Victims. DePuy ASR hip replacement patients may be eligible for compensation due to the injuries they have suffered as a result of being implanted with the defective DePuy ASR hip replacement. Past and future pain, suffering, medical bills, lost earnings, and disfigurement are among the damages that the patients may be entitled to recover. Tauber Westland & Bennett handles cases on a contingent fee basis. The client is never at risk of paying any money out of pocket. If there is no recovery, there is no fee.
Federal Consolidation of DePuy Claims. As a result of a recent court order, all DePuy claims filed in federal court will be consolidated in the United States District Court for the Northern District of Ohio. The consolidation occurred as a result of the federal Multi-District Litigation (MDL) process. Tauber Westland & Bennett is presently involved in MDL litigation in the U.S. District Court, Northern District of Ohio, and is familiar with the aggressively pursuing justice for our clients in that forum.
Time Limitations Will Bar Late Claims. DePuy ASR lawsuits must be filed for patients before the legal deadline or the patient's rights to compensation will be lost. To protect your rights, contact Tauber Westland & Bennett for a free consultation by a lawyer experienced in handling defective product cases. We handle cases nationwide.
