An Earlier Recall for DePuy ASR Hip Replacement should have been Done

When the complaints on metal-on-metal hip implants increased, the DePuy Articular Surface Replacement (ASR) hip systems recall should have been done immediately, according to medical experts. It had taken three years after evidence showed that the hip implants had a high failure rate, for a recall to be implemented by DePuy Orthopaedics Inc. and its mother company Johnson & Johnson, said Australian medical experts.   Johnson & Johnson had to reimburse thousands to Australians in recall claims as a result.

Before the United States and Europe recalled the two DePuy hip implants in August of 2010, Australia had done it already in December 2009.  Data from a study conducted by the National Joint Registry (NJR) of England and Wales which indicated that the five-year failure rate of this product was approximately 13 percent prompted the recall. Some medical experts claim that this data have been available since 2006.  

Aside from the data which stated that the ASR hip implants also had a higher than normal failure rate, Johnson & Johnson’s DePuy Orthopaedics also said in March of 2010 that it will phase out the devices because of declining sales.  Pointed as the reason for the hip implant’s failure just five years after it was first used is its design.  By designing a shallower cup and removing the plastic liner from the inside of the implant, DePuy had intended for patients to have a wider range of motion. The design, however, allows cobalt and chromium particles to accumulate in the soft tissue around the implant area, after they wear off from the device resulting from the friction of the ball portion of the hip implant against the socket.

More alarming is the claim that other evidence indicates that the revision rate is now at 25 percent, while some experts predict that within six years, as more of the devices fail, it could reach up to 49 percent. The defective hip implant could only be removed by a revision surgery. Although DePuy promises to compensate patients’ revision surgery, lawyers said it is not willing to fully compensate those affected. Apart from the revision surgery cost, full compensation would include the pain and suffering, emotional suffering and financial loss as a result of having the defective implant.

The DePuy hip replacement recall sparked the filing of thousands of lawsuits and complaints.  All cases filed across the country was transferred to the Northern District of Ohio and, with the consent of that court, assigned Honorable David A. Katz to handle it for coordinated or consolidated pretrial proceedings last December 2010 as based on the ruling filed by the US Judicial Panel on MultiDistrict Litigation (MDL. The DePuy lawsuit alleges that the ASR hip replacement was defectively designed and that DePuy knew that there were problems with the implant early on but didn't do anything to let patients or their surgeons know about the possible problems.

References:

m.smh.com.au/national/health/three-years-to-recall-problem-implants-20110927-1kvik.html

world.einnews.com/pr_news/59900568/asymptomatic-metal-on-metal-hip-replacement-patients-may-still-be-experiencing-tissue-damage

forthepeople.com/depuy-metallosis-depuy-hip-implant-recall--12-3189.html

nytimes.com/2010/03/10/business/10device.html

moriarty.com/depuy_hip_recall/Stay_Informed/What_is_Metallosis/

orthosupersite.com/view.aspx?rid=40090

Components Of An Artificial Hip Replacement Device

In an update regarding the DePuy hip replacement recall, the U.S. Food and Drug Administration's statement about the latest surveillance report conducted for DePuy Orthopaedics was published:

    “As part of the post-market surveillance, DePuy is continually evaluating data from a variety of sources including national joint replacement registries, published literature, company sponsored clinical trials, internal complaints data and unpublished clinical research reports. As part of the post-market surveillance activities, the firm recently received and analyzed new data regarding the ASR platform which suggests a higher than expected revision rate for the ASR XL Monoblock Metal-on-Metal (MoM) System linked to usage of monoblock MoM cups with corresponding head sizes below 50mm in diameter. As a result of the findings, DePuy Orthopaedics issued a Field Safety Notice to share the new data with the surgeons and reiterate the importance of correct implant positioning and patient selection in achieving optimal implant performance and survivorship.”

If you are considering to have a hip replacement surgery, you can ask your doctor what type of hip replacement prostheses that is suitable for your condition. The following are the components of a hip replacement prostheses considered by the presiding surgeon:

•  ACETABULAR CUP

    In the procedure, a lining on the concave part of the hip socket is fitted and this part of the hip prostheses is called the acetabular cup. This is secured using friction or through the use of a special kind of cement.

•  FEMORAL COMPONENT

    For those with conditions that reached the femoral bone, a femoral component is also included. Cement and non-cemented femoral components are available which allows it to be secured to its right location.

• ARTICULAR INTERFACE

    The part that is located in the middle of the femoral component and the acetabular cup is called the articular interface. A simple ball and socket joint comprises the articular surface. It can be of different sizes: 28 mm, 32 mm and 36 mm and selecting the appropriate size is determined by the diameter of the femoral head or the diameter of the inside of the hip socket.

It has also been stated in the report that research shows those who experienced premature complications due to the hip replacement device tend to have smaller hip cups. It is important to be that you are knowledgeable what hip replacement product is used and what component was advised to use for your operation. For those who are interested to file their own case against DePuy Orthopaedics, you can consult an efficient lawyer to help you raise your case and you can be updated about the latest news about the DePuy hip replacement recall through available sites.

DePuy Mass Tort Litigation: When To Receive Settlement

The specific date a settlement offer is expected have been inquired by most DePuy hip recall patients. The ongoing DePuy lawsuit is categorized as a mass tort litigation. Claiming settlement from a mass injury lawsuit is not as simple. To be able to fully recoginze its implications, it is best to get a closer study on what mass torts are.

Mass tort litigation is a somewhat new practice area in law. It is demanding and complex legal aspect that involves numerous plaintiffs filing a lawsuit against one or several corporate defendants in a state or federal court. In this type of litigation, complainants are injured by a defective product, dangerous substance or a man-made disaster in a similar fashion.

Companies which have been filed with this kind of lawsuit are usually ones which have not invested much in research and development. Insurance companies often decline to give these companies security against anticipated loss for this reason. Most pharmaceutical companies and manufacturers have become wary because of the rise in mass torts.

A more advanced technology has spurred hundreds of medical progress. Companies are taking advantage of this and pushed them to create more advanced products than before. However, several manufacturers did not take the necessary actions to ensure their products are safe for public consumption. A population's risk to potential injury these products or substances cause have increased mostly because of mass marketing. A number of companies are veritably allocating a certain budget allowing their products to undergo safety tests.

Victims of defective products usually undergo identical circumstances although the extent of inflicted harm vary among each individual. Despite it being several petitions being made into one lawsuit, each claimant's case is considered unique. Details of mass tort litigations never follow a single pattern.

Determining the exact date wherein a DePuy settlement is expected is nearly inconceivable. In the case of DePuy's lawsuit, more recipients of the defective hip implants are seeking legal counsel to recover damages. Having a detailed knowledge about the ongoing litigation works to your advantage if you are a victim of the DePuy recall. Updates are often posted on websites that focus on the DePuy settlement reassuring you that filing a lawsuit against the orthopedic manufacturer is the best decision you have made yet. Contact a lawyer today for a free consultation when you visit the ASR Hip Replacement Recall Website.

Avoid Further Damage Through This DePuy Hip Recall Update

When the hip replacement recall happened, the manufacturer began facing an increasing number of lawsuits. DePuy successfully moved the federal Judicial Panel on Multidistrict Litigation (MDL) to consolidate all these lawsuits into one case before federal District Court Judge David Katz of the Northern District of Ohio in Toledo late last year. After this, things started moving efficiently even though there was a slight delay on the scheduled status conference. So, on April 5, 2011, each plaintiff were required to file a short-form complaint and DePuy to file a single master abbreviated or short-form answer after the court issued the Amended Case Management Order No. 4. Plaintiffs are now allowed to claim damages under 23 specific causes of action as an addition to the ones they choose to assert after this Order No. 4 was issued. Like simple negligence and strict products liability. The order also allows plaintiffs to claim the following types of damages, among others like injury to self and wrongful death.

Meanwhile, DePuy’s master answer may contain 32 individual defenses. If we think about it, these responses can be traced back to the first DePuy hip replacement lawsuits like those portions addressing limitations of damages such as punitive damages.

Precise legal definitions are contained in all these terms. Hip replacement lawyers must prove every cause of action they assert against DePuy, and they should expect DePuy to defend against them. It is critically important to contact a competent hip replacement lawyer if you have not done so already as the Case Management Order No. 4 allows those affected by the hip replacement recall to make many claims against DePuy and the amount of compensation at stake in the many types of damages. Clearly, this DePuy hip recall update must be taken seriously to avoid further damage.

DePuy Hip Replacement Recall Reaches Global Scale

Since their manufacture, two DePuy hip replacement devices have been filed complaints against in the U.S. Food and Drugs Administration. Numerous reports indicated that the ASR XL Acetabular System and ASR Hip Resurfacing System were found to fail too early for an artificial hip. After the initial hip surgery, recipients find that the devices fail within 5 years. Victims often complain of pain, numbness and difficulty walking. In extreme cases, a total revision surgery is required.

Ninety-three units of the said ASRs were recalled worldwide in August 2010. Concerned recipients have consulted with their orthopedist to have themselves assessed for any damage the defective implants may have inflicted. The implants were discovered to have a design flaw that made its components rub together which leaks metal ions onto neighboring bone and tissue. This in turn could lead to cobalt and chromium poisoning.

Unlike in the United States, other countries such as Australia and Great Britain have started to withdraw the DePuy devices at an earlier time. Written alerts from the company were issued in April and May of 2010. In an attempt to persuade recipients in Europe to hand over their surgically removed hip implant, DePuy requested affiliated doctors to convince their patients to sign over the right to their hip devices. Lawyers vehemently advise their clients not to sign any documents until they get to read it since there is reason to believe DePuy might destroy vital evidence when they get their hands on the implant and medical records.

Similarly, in the United States, DePuy have given orthopedists a letter for them to give their patients. The letter have the following included: a sample patient cover letter, an information for patient letter, and a medical release form which when signed, would grant DePuy access to the patients medical records and if the case applies, the explanted hip replacement.

You medical information is yours to keep. You should be wary about giving away your rights to the same company that has placed you in harms way in the first place. It is best to speak with a hip lawyer who would protect your rights and interests and would help you in your fight to recover the losses you have been put through. For more important details on the matter, you might want to visit the DePuy hip replacement recall site.