When deciding which hip implant components to utilize in a replacement surgery, surgeons have a range of possibilities available to them. Particularly, surgeons can choose from components made from metal, ceramic, or plastic pieces to construct the ball-and-socket structure, The metal-on-metal combination, marketed as more durable, has increased in popularity over the past several years. However, the August 2010 recall of the DePuy ASR hip implant created heightened scrutiny over all-metal hip implant devices. Recent reports have emerged indicating all-metal implants (not just the ASR device) fail at a greater rate than the traditional metal-on-polyethylene or ceramic-on-polyethylene implants.
One report, published last month in the British Medical Journal, found that patients who received metal-on-metal implants were twice as likely to require repeat surgery as those who received traditional implants. Moreover, the analysis found all-metal hip implant patients fared no better in functioning or conducting daily activities than patients with more traditional hip implants. In other words, no added benefit was found for modern metal-on-metal implants to justify the added risk of implant surgery. And, more importantly, the idea that metal-on-metal hip implants are more durable than metal-on-polyethylene was proven to he false. The report, which was sponsored by the FDA, analyzed the results of 18 studies involving 3,139 patients and more than 830,000 operations reported in registries.
DePuy Orthopaedics, a unit of Johnson and Johnson, has issued a worldwide recall of all components for the ASR (Articular Surface Replacement) XL Acetabular System and DePuy ASR Hip Resurfacing Platform. The Food and Drug Administration has received about 400 complaints from people who have been implanted with the DePuy hip implant since 2008. Patients have come forward to complain of swelling, pain, mobility issues, and other serious symptoms, some of which led to revision surgery.
93,000 DePuy ASR Hip Replacement Systems Were Recalled Due Unreasonably High Failure Rate
DePuy said new, unpublished data it received from the National Joint Registry of England and Wales show that within five years, about 12 percent of people getting the hip resurfacing system and about 13 percent of those getting the Acetabular system needed corrective surgery. These devices have come under scrutiny over the last few years because they are part of a category of so-called “metal-on-metal” implants, which can generate debris from wear, causing inflammation and tissue damage in certain patients.
Affected hip replacement parts involved in the recall include the DePuy ASR XL Acetabular System and the DePuy ASR Hip Resurfacing System. Patients who reported problems in the first five years and had revision surgery reported a variety of symptoms, including pain, swelling and problems walking. Other symptoms that may indicate a serious problem with the hip replacement parts include:
DePuy Orthopaedics Inc. ASR Hip Implant Products Liability Litigation (MDL 2197) was directed to the Northern District of Ohio by the MDL Panel. The Multidistrict Litigation (MDL) process helps conserve parties’ resources, and saves time for the judiciary and the attorneys for both sides. Judge David A. Katz will handle pre-trial issues for ALL DePuy hip implant recall cases. Judge Katz oversaw Ortho Evra birth-control patch litigation against Johnson & Johnson as well.
But, the DePuy ASR hip is not the only hip device that DePuy Orthopedics manufactures. In fact, DePuy makes various models of the DePuy Pinnacle hip device. Specifically, the Pinnacle metal-on-metal hip model is similar to the ASR model. Reports of metal poisoning and premature revisions are occurring in both DePuy devices. The problems with the metal-on-metal Pinnacle device have led to several lawsuits around the country. Recently, a DePuy Pinnacle MDL was formed in the Northern District of Texas.
Anyone with either the ASR or Pinnacle hips should have their case investigated to determine its merits.
Hip replacement systems have been the subject of massive litigation before. Sulzer AG settled with its users in 2001 for $1 billion for its Sulzer Medica unit.
Why Should I Let the Goldberg Firm Handle My DePuy Hip Replacement Case?
When the news broke late last year that a significant amount of DePuy Hip Replacement Systems recipients were experiencing significant pain and suffering from harmful, metal on metal hip implants, Steven M. Goldberg began researching the best ways to help patients.
Since that time our firm has reallocated its time and resources in order to devote a significant share of manpower to DePuy hip replacement recall cases.
Steven M. Goldberg also used that time to talk with experts and was invited to guest lecture at the first U.S. national conference in Chicago that prepares attorneys across America to specifically handle DePuy hip liability cases and negotiate with insurance companies to get the compensation that our clients deserve.
The Goldberg Firm has partnered with other experienced litigation firms. The wide range of experience and expertise that these partners bring to this case reassures our clients that they are moving forward with the best legal team possible.
It’s important that you understand your rights.
We are currently reviewing eases involving individuals who have had a DePuy hip device implanted and all individuals unsure of the type of hip device implanted if the person has had revision surgery, or the person is expe¬riencing hip pain, hip swelling or difficulty walking. If you received an ASR hip implant and are experiencing problems, you may qualify for compensation for physical damage, additional surgeries and your pain and suffering. Do not contact DePuy Orthopaedics or Johnson & Johnson without first talking to an attorney with experience handling defective medical device cases nationwide.
Call the law office of Steven M. Goldberg toll-free at (877) 332-9276, or contact us online. We handle DePuy ASR hip implant lawsuits in Ohio and nationwide.
FAQ’s: the DePuy Hip Implant Recall
What are the most serious problems with the DePuy implants?
The muscles and tissue in your hip could die. The bone where the implant is located could die. Your heart could stop its proper functioning. You could experience kidney failure, bladder cancer, dementia, hearing loss, and/or vision loss because shards of toxic metal are released by the hip implant – even if it’s otherwise working properly.
How do I know if I have one of the recalled parts?
You or your doctor might have received a notice in the mail, saying that your hip implant was part of the recall. However, for various reasons, you may not have received a notice. So, contact the surgeon who performed your procedure. Or, you can call The Goldberg Firm for the best legal advice – they will also help you find if you have one of the recalled parts. The ASR XL Acetabular System and the ASR Hip Resurfacing System devices were produced and implanted in patients between July 2003 and the December 2009. If you had metal-on-metal hip replacement surgery during that time you may have received a DePuy hip implant.
How do I find out if the recalled part is causing my pain?
You will need a series of tests, including imaging and blood tests. Some surgical recovery discomfort is normal. However, if you think your pain is abnormal or begins occurring months or years after your recovery period has ended see your doctor as soon as possible. Also, don’t be afraid to speak up! Let the doctor know exactly what kind of pain and discomfort you are experiencing. Some patients have described the pain as a strong burning radiating from the inflamed site. Others have cited groin pain, difficulty walking, numbness and aching. The best and only way to find out if your DePuy implant is causing your pain is to have blood tests and x-rays taken at your physician’s office.
What are the symptoms of a malfunctioning part?
What is it about the implant that is causing my pain?
The release of metal particles. As the metal-on-metal fixtures move against one another they shed tiny pieces of metal. These tiny pieces enter the blood stream and cause the tissue to die.
What is revision surgery?
Revision surgery is the term given to a second hip replacement surgery necessitated by the failure of the first implant. Properly functioning and installed hip replacement systems should last 15 years or more. The recalled DePuy hip replacement parts have required revisionary surgery anywhere from 1 to 5 years after implantation.
What if I still have problems after my revision surgery?
Multiple surgeries can be taxing on the human body. Replacement of the defective part will be done with the aim of improving the patients well being. However, stress, time lost, and a decline in performance are difficult to document financially. Damages assessed in a class action suit may help with these difficult to assess issues for which DePuy has not otherwise volunteered to compensate.
Who is going to pay for all the problems I am having with my hip replacement?
DePuy will pay if you get a good attorney who knows how to handle these kinds of lawsuits. DePuy may call you and act like your friend. Don’t be fooled. They’re only interested in limiting the amount that they pay you. A qualified attorney is essential to getting the fairness and justice you deserve. Don’t try to handle this yourself.
If DePuy says it will cover the costs, what is the point of participating in a lawsuit?
Statistically, a good lawyer will return more compensation to you than you can by yourself. The point is: you are entitled to justice and fairness. In our civil court system, that is measured in terms of dollars and cents. In other words, you are entitled to all the fairness, all the dollars and cents that the law will allow. A lawsuit directed by experienced, tough and tested legal counsel is the only way you will get it.
