DePuy Hip Recall
Each year hundreds of thousands of Americans undergo elective hip replacement surgery. For the most part few patients regret undergoing this surgery which reduces pain and increases their mobility. Most of the prosthetic devices used are safe, however, through the years various orthopedic medical devices, such as prosthetic knees and prosthetic hips have been associated with complications.
DePuy Orthopaedics, a subsidiary of Johnson & Johnson is the latest manufacturer to recall a medical device. On August 24, 2010 DePuy voluntarily recalled ASR XL Acetabular Hip System and DePuy ASR Hip Resurfacing System Implant products sold after 2006. It is estimated that 1 in 8 patients will suffer from complications. As a result medical monitoring including blood tests and XRAYS may be necessary especially if a patient is experiencing pain or difficulty walking.
A hip prosthesis is a product manufactured for sale within the United States. In New Jersey, all medical devices are subject to the laws governing all products sold in New Jersey. As a result Depuy is faced with thousands of product liability lawsuits. To limit their exposure, DePuy is contacting the end users, the patients directly to limit their financial losses.
DePuy customers should avoid any discussions with company representatives since it may compromise their legal rights. There are many complex issues pertaining to the valuation of past, present and future pain and suffering; issues regarding the cost of ongoing medical monitoring and future revision surgery; as well as the potential reimbursement of medical claims by Medicare and other insurance company interests.
Before speaking with any representative it is advised to contact a lawyer skilled in medical device litigation. Certified Civil Trial Attorney and Partner Samuel L. Davis , has been active nationally, in orthopedic medical device litigation. His past experience in past knee and hip prosthetic failure cases has resulted in him being appointed to the science committee of the Multi District Litigation known as, “In Re DePuy Orthopaedics, Inc. ASR Hip Implant Products.”
According to Samuel Davis, all DePuy implant customers should speak to a lawyer to gain “a full understanding of their rights concerning a problem which may last decades.” Davis further warned of signing any documents or authorizations before consulting with lawyers. Adding, “Most experienced medical device lawyers offer free telephone consultations with those affected so that legal advice is merely a phone call away.”
Current Litigation Concerning DePuy Metal on Metal Hips
Thel mass tort litigation regarding the DePuy ASR XL artificial hips is venued in Bergen County, NJ. The 250 New Jersey DePuy ASR XL cases are not a class action. The DePuy cases have been consolidated for reasons of efficiency, for example, to streamline the review of 18 million pages of documents and to coordinate many depositions.
These case groups differ from a class action in that every plaintiff keeps the right to a trial. After the information-gathering phase, Superior Court Judge Brian Martinotti will preside over a series of test cases, called bellwether trials, involving patients whose harm ranges from relatively minor injuries to multiple surgeries and disability. The jury verdicts will give both sides an idea of how lay people see the evidence and expert opinion presented. The hope is that these trial results will encourage settlement. But no one is pressured into accepting an offer if the party is not satisfied that it is fair and reasonable.
Metal-on-metal hips tend to fail within five years of implantation. The presence of high metal levels in the blood is a marker for future implant failure in addition to being a health concern. Patients who have received these now-discredited products should get their blood tested for elevated metal levels. If there are high chromium or cobalt levels, their doctors will guide them on how often they need to be retested. At present, there are also other metal-on-metal hip replacements under investigation.
There is a time limit after which claims for defective implants may be barred. If there is any indication of elevated metal levels, loosening or dislocation, this may start the count down on New Jersey’s two-year clock. In other words, the two-year statute of limitations may start on a date earlier than the date of the revision surgery, perhaps on the day the doctor advised that the device be removed and replaced.
According to Samuel Davis, all DePuy implant customers should speak to a lawyer to gain “a full understanding of their rights concerning a problem which may last decades.” Davis further warned of signing any documents or authorizations before consulting with lawyers. Adding, “Most experienced medical device lawyers offer free telephone consultations with those affected so that legal advice is merely a phone call away.”
If you have an artificial hip prosthesis and the implant is failing you may need confidential legal advice. Call Sam Davis now at 1-800-529-2000 or call 201-907-5000 or email him at samuel.davis@dsslaw.com.
