DePuy Hip Replacement Recall Overview

DePuy Orthopaedics manufactures and sells several hip replacement systems. Two of these systems, the ASR XL Acetabular Hip Replacement System (the only one approved for use in the U.S.), and the ASR Hip Resurfacing System, were recently recalled due to an early high failure rate. Some patients began reporting adverse side effects soon after having the Acetabular System implanted. Many of these patients had to have additional expensive and painful surgery to remove and replace the failed system. A number of lawsuits have recently been filed against DePuy. If you or a loved one has experienced an early failure of a DePuy hip replacement system, you should contact an attorney as soon as possible. At The Heller Law Firm, our attorneys are experienced with the recall of defective medical devices and will help you obtain the compensation that you deserve.

Defects in the DePuy Hip Replacement System

In 2005, the U.S. Food and Drug Administration (FDA) approved the DePuy ASR XL Acetabular Hip Replacement System for use in hip replacement surgeries. However, the approval did not require clinical trials. By 2008, the FDA had received hundreds of complaints from patients who experienced pain, swelling, difficulty walking, and other adverse side effects. Most of these patients had to undergo revision surgery to remove and replace the implants.

Studies have shown that the metal-on-metal hip replacement systems begin to quickly wear, causing metallic ion debris to be absorbed into a patient’s body. This metallic debris can cause inflammation and infection, resulting in pain, death of hip joint tissue, and bone loss. Elevated levels of heavy metals in the bloodstream can also be a problem. The implants often become loose due to inadequate attachment to the bone and cause numerous other problems.

DePuy ASR Hip Replacement Lawsuits

In 2009, DePuy indicated that it was phasing out its hip replacement implants from the market due to slow sales. In March 2010, DePuy warned doctors that recent data showed higher than expected early failure rates, and on August 26, 2010, these two hip replacement systems were recalled, after the FDA had received hundreds of reports describing premature failure. By that time, approximately 93,000 patients had received hip replacements using the DePuy devices. It has been alleged that DePuy began receiving reports of significant problems with the hip replacements several years earlier.

For those injured by the hip replacement system, a lawsuit can be filed under a products liability theory. Products liability means that manufacturers, designers, and retailers of any product can be held liable when the product is defective and causes harm to someone. There are three types of circumstances that can result in a defective product:

• defective design: occurs when a whole product line is dangerously defective due to the faulty way the product is designed
• manufacturing flaw: exists when the manufacturer fails to make the product correctly (often from the use of substandard materials or faulty assembly)
• marketing defects: manufactures can be liable for injuries if they fail to warn of possible dangers.

A products liability lawsuit against DePuy, the manufacturer of the ASR XL Acetabular System, would most likely allege that the device is defectively designed and has caused harm to patients that have had the implant. It might also be argued that DePuy should have known of the defects from early failure reports and failed to provide adequate post-sale warnings of the health risks associated with the device. Anyone injured by this defective product may be able to recover damages for:

• medical costs (including future medical costs)
• pain and suffering
• lost wages
• lost earning capacity
• costs of rehabilitation
• reimbursement for any disfigurement
• other possible damages

DePuy Hip Replacement Recall Attorney

Thousands of patients have been adversely affected by the use of the DePuy Hip Replacement Systems. Many will have to undergo painful revision surgery. Although DePuy has offered limited compensation to pay for additional surgeries, victims of this defective devise are entitled to additional types of compensation. If you or a loved one has had a hip replacement using the DePuy products and is experiencing some of the problems described here, it is essential that you contact The Heller Law Firm for a free case evaluation. Our experienced products liability attorneys will fight to protect your rights and help you recover the compensation that you deserve.