DePuy Hip Recall Lawsuits

Metal hip replacements of the ball and socket elements of the hip joint are used in DePuy hip replacement systems. They were introduced in the United States in 2005 as the DePuy ASR XL Acetabular System. DePuy hip replacement technology is well-known for its use of metal-on-metal hip replacement design.

How Can Metal Hip Implants Harm You?

Lawsuits have centered on two major categories of metal hip implant injuries:

• Mechanical issues with degrading implants
• Chemical damage caused by metal ions entering the bloodstream

The walking action can cause the implant’s ball and socket structure to degrade over time, leaving metal particles in the location where the implant has fallen loose. This can lead to more hip injury and pain. Removing the defective metal-on-metal implant has frequently necessitated additional surgery.

Because of the high concentration of metal ions in the blood, some hip patients have experienced detrimental effects on their circulatory, neurological, and thyroid (glandular) systems. The degrading metal from hip replacements has been connected to these chemically-based ailments.

DePuy Hip Recall Lawsuits: What Are They?

DePuy hip replacement products were recalled in 2010. According to studies, there were many complaints from patients who had DePuy ASR hip replacement procedures. These included high product failure rates, such as the loosening of parts, misalignment of parts, bone fractures/dislocations, and infection.

The fact that hip replacement goods were put on the market without extensive clinical trials to assess safety was of particular concern.

In addition to mechanical failures and problems, patients frequently reported the following:

• Metal ion levels in the blood are elevated, causing nerve/tissue/muscle damage
• Necrosis
• Swelling
• Bone discoloration

Because of these problems, a recall was issued, and subsequent lawsuits were filed for damages related to hip replacement goods.

Flaws in Design

The problems encountered by individuals who had received DePuy hip implants were caused by major flaws in the product’s design. In a percentage of patients, these implants became loose where they connected with the bone, resulting in sometimes severe pain.

Furthermore, if these implants were to become dislocated or broken, causing the implant’s ball and socket components to rub against one other unexpectedly, the implants would become damaged over time. Metal particles would be worn from the surfaces of the implant portions where the friction occurred and discharged into the surrounding tissue due to this contact.

In turn, the metal particles would frequently cause immune system reactions in the affected patients, resulting in fluid buildup localized around the muscles and joints, initially causing swelling and pain and frequently resulting in damage to the nerve, muscle, joint, and bone tissues around the hip implant over time.

According to DePuy Orthopedics’ website, approximately one out of every eight patients who had surgery involving the DePuy ASR Hip Resurfacing System or the ASRTM XL Acetabular System would require a second surgery to repair the damage and, in many cases involving the ASRTM XL Acetabular System, replace the hip implant with a different type of artificial hip.

These procedures were exceedingly intrusive, and because they were primarily performed on older patients, they had a significant risk of consequences, including death. Even if the surgery were successful, the patient’s recovery would be lengthy, tough, and painful.

It should be noted that the DePuy ASR Hip Resurfacing System was never certified for use in the United States and was only used in other countries. In contrast, the DePuy ASRTM XL Acetabular System product line was sold globally, including in the United States.

Who Was Affected by the Recall?

More than 93,000 people worldwide have had the ASR XL Acetabular System, and ASR Hip Resurfacing System implanted.

Since 2003, 30,000 patients in the United States have had the ASR XL Acetabular System implanted. However, the recall did not affect US patients because the US Food and Drug Administration refused to approve the ASR Hip Resurfacing System in 2009.

DePuy hip replacements with all-metal components, notably the ASR versions, have been related to serious problems. Metal fragments are released when metal components rub against one another, which can induce metallosis and other adverse effects.

In a 2010 statement, DePuy indicated that it would “pay fair and usual costs of monitoring and treatment for services, including revision operations, linked with the recall of ASR.”

However, media reports claimed that the corporation denied some medical cost claims at the time. DePuy’s parent firm, Johnson & Johnson, settled thousands of ASR hip cases for $4 billion in 2013.

The Events Leading Up to the Recall

Some experts say the ASR implants should have been recalled sooner than in 2010. Patients reported issues requiring revision procedures several years before DePuy recalled the metal hip implants.

Based on evidence revealing a very high failure rate, Australian health officials recalled the ASR devices in 2009. DePuy wrote a letter to doctors in March 2010 informing them of the high failure rates and specific concerns for women and persons with weak bones.

According to court records, DePuy was aware of the hazards associated with their hip implants. Failure rates were close to 40% in certain of the company’s studies. However, the corporation continued to sell the gadgets before issuing the recall.

DePuy contracted Broadspire Services to manage patients’ out-of-pocket medical expense claims during the recall process. Despite suggestions from patients’ doctors, Broadspear doctors allegedly denied revision surgery claims.

DePuy also approached doctors about directly mailing informative packets about the recall and the claims process to patients. The business encouraged patients to contact DePuy directly and set up a webpage on the recall to make the claims procedure more efficient.

According to critics, the business attempted to acquire patient data for use in possible lawsuits.

According to lawyers, DePuy attempted to settle legal claims before potential claimants contacted an attorney.

Am I Entitled to Recovery?

DePuy hip replacement goods have already been the subject of lawsuits. If you have been harmed or wounded as a result of such a product or practice, you may be able to seek legal redress. These can include product expenditures, medical procedure charges, hospital expenses, and other costs.

Lawsuits were filed as early as 2010 and are still being filed today, with settlements for damages agreed. Some adverse effects may appear later, and some victims may be unaware that they are still entitled to compensation.

What Are the Alternative Treatments for Hip Pain?

Hip pain can be treated using a variety of methods, including:

• Taking pain relievers
• Hip replacement surgery (implants or replacement of joints)
• Therapy and rehabilitation used to strengthen the hip area.

Some hip treatments may employ a combination of techniques. Patients may require rehabilitation following surgery.

Do I Need an Attorney for DePuy Hip Replacement Products?

Hip replacements are frequently associated with major adverse effects. If you need assistance with a lawsuit or legal claim, you may need to employ a defective products lawyer.

If you or a loved one received a DePuy ASR System hip implant and then required additional surgery, or if other injuries or medical complications occurred, you may be eligible to seek compensation for pain and suffering, lost wages, and medical expenditures.

Your attorney can advise you on your rights and help you assess if you are entitled to compensation. In addition, if you have any questions or concerns, your attorney can assist you in researching the legislation in your area.