News broke out early this year about the recall of two hip replacement devices manufactured by Johnson & Johnson subsidiary, DePuy Orthopaedics. Their ASR XL Acetabular System and ASR Hip Resurfacing System were found to have a defective design that contributed to its high failure rate. On average, a hip replacement device should last for 15 or so years but the ASRs were found to last for only five. This prompted the company to issue the DePuy hip recall.
About 400 complaints were reported by the FDA to have been filed by ASR recipients. Extreme pain, hip swelling and difficulty walking are some of the grievances ASR recipients have relayed. Last year, the ASR hip implants were recalled from the Australian market by DePuy but they were still sold in other countries. Data from the Australian National Joint Replacement Registry shows a higher-than-expected failure rate of the devices in just a few years after the surgical procedure. Mostly women and recipients of small stature were affected by the devices’ failure.
Even with data presented, the ASR devices were still sold on the market until August of 2010. In the 93,000 units recalled, 13 percent of the recipients would necessitate to undergo a revision surgery. A corrective surgery is required to allay pain and discomfort felt by recipients of the damaged hip replacements. Additionally, recent studies have shown that the inherent design flaw of the ASRs cause significant flaking off of metal debris, such as cobalt and chromium, and leaking them into the bloodstream, causing metallosis. Patients who experience cobalt poisoning suffer symptoms such as anxiety, headaches, fatigue, vertigo, hearing loss, depression, and cognitive decline.
Since the DePuy recall, hundreds of victims have filed lawsuits against both DePuy and Johnson & Johnson in the hopes that the losses they had to endure as a result of the company’s oversight might be compensated. In spite of DePuy’s attempts to establish a claims process intended to reimburse victims for expenses relating to their injury, DePuy reserves the right to ultimately decide whether you are eligible for a reimbursement or not.
Going through a medical evaluation to determine if you have an ASR device implanted and to assess your current hip condition should be a priority. The second best thing to do in this case is contact a lawyer for the DePuy hip replacement recall and discuss your legal options with him or her regarding your lawsuit. You are likely to gain a fair amount in compensation if you take legal action immediately.
Leave a reply