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Depuy Failed Hip Surgery Lawsuits

In August, 2010, DePuy Orthopaedics Inc. announced that it would be recalling two hip replacement products, the ASR Hip Resurfacing System and the ASR XL Acetabular System, after receiving new data which indicated that more patients than expected experienced pain and other symptoms which required a revision surgery following the initial hip replacement procedure.  The patients with DePuy ASR and ASR XL metal-on-metal hip implants have experienced loosening and dislocation of the device resulting in the need for early revision surgery and/or the release of metal debris causing muscle and soft tissue damage.

If you or a family member have been the victim of a failed hip replacement surgery including a defective hip replacement cup implant or hip replacement system, please feel free to submit an inquiry or click here to send an e-mail with any questions about a failed hip replacement surgery and defective hip implant lawsuit.

Johnson and Johnson's failed Depuy hip implants

DePuy’s problems started in 2005 when it introduced the implant device without clinical trials, with legal clearance from the U.S. Food and Drug Administration. But in three years, the FDA has received more than 300 complaints about early failure of the ASR hip device.

On August 24, 2010, Johnson & Johnson, and its wholly owned subsidiary DePuy Orthopedics, Inc. announced that it would be recalling 93,000 hip implant products including: The ASR XL Acetabular System (Total Hip Replacement) and The ASR Hip Resurfacing System.  Both have an unreasonably high failure rate.

The decision to recall the two products was mostly based on the findings from a recent study conducted in the UK that showed a five-year rate of revision surgery of 12 percent for the ASR Resurfacing System and about 13 percent for the ASR XL system. The double digit rates are uncommon and higher than expected.

The study showed that the faulty hip replacement may cause serious injuries including but not limited to: 1) severe pain, swelling and inflammation leading to damage to surrounding bone and tissue, partial or complete lack of mobility and 2) Genotoxicity and potential cancer causing injury: One of the primary functions of the immune system is to fight imortalized cancer cells within the body itself. A diminished capacity of immune system not only increases the rate and severity of infection, it also becomes less effective in holding the cancer cells in check.

As a result of the study, the British Orthopedic Association advised the Medicines and Healthcare products Regulatory Agency (MHRA) of the UK, that over time metal debris may affect the performance of a hip implant and cause painful complications. The same expert group links metal hip implants, such as DePuy AST to genotoxicity. The local exposure to metal debris causes the chromosomes of bone marrow or white blood cells to breakdown.

Depuy Recall was Long Overdue

Some experts feel that this recall was long overdue, and wonder why it took same devices were withdrawn from the market in Australia in December with The Health Report (Australia), Dr. Stephen Graves, director of the Association’s National Joint Replacement Registry, said that the registry knew for years that the ASR device had a higher rate of failure. He said: In our 2007 annual report we identified the resurfacing part of as having at least twice the risk of revision compared to other resurfacing devices….after three years [there] was four to five times the risk revised compared to other devices.

Orthopedic surgeons around the US noticed defects associated with DePuy ASR XL Acetabular hip implants long before official products recall. According to Dr. Joshua J. Jacobs from the Rush University Medical Center, ―Most major medical centers have seen issues with this device. This does not come as a surprise. Defects Associated with DePuy ASR XL Acetabular Hip Implant System According to Dr. Kevin J. Bozic, MD, an orthopedic surgeon at San Francisco Medical Center, in reference to DePuy hip implants recall: ―It was a design failure that frankly was not picked up until they were implanted in thousands of patients.‖ The DePuy ASR Surgeon Recall Pack contains a detailed listing of defects associated with the ASR XL Acetabular hip implants. These defects include component loosing and malalignment, dislocation of the elements, infection, fracture of the bone, metal sensitivity, and pain.

Current Litigation environment on DePuy: As of beginning of September a handful of class action lawsuits have already been filed in U.S. District courts, with an strong appeal by plaintiffs seeking an order from Judicial Panel on Multidistrict Litigation pursuant to 28 U.S.C. § 1407 to enter an order transferring cases to the District of New Jersey and assigned to the Honorable Judge Susan D. Wigenton for coordination. As of September 3 the MDL designation of MDL 2197 has been assigned, although these cases have not been transferred yet, pending a hearing in late October. Lanier Law Firm is actively advertising these cases, and has filed 2 cases in Northern District of California San Francisco Division. There is also a growing nationally media and web campaign by various plaintiffs’ firms gathering these cases. Allegation in Original Petition filed in US Dist. Court, Northern Dist. Of Cal. San Francisco Div.: 1. Negligence 2. Strict Product Liability  (Manufacturing Defect);

Depuy Failed Implant Lawsuits are expected to include the following allegations including Design Defect; Inadequate Warning; Failure to Conform to Representation; Failure to Adequately Test; Breach of Express Warranty; Breach of Implied Warranty of Merchantability; Fraudulent Concealment; Intentional Misrepresentation; Negligent Misrepresentation; and Unlawful, Unfair and Fraudulent Business Practices in Violation of CAL. BUS. & PROF. CODE § 17200, et seq

Defective Hip Implant Devices Lead to Suffering, Pain, Impairment, and Mental Anguish as well as having to have Second Hip Replacement Surgery to Repair the Problem

Revision Surgery: one of the most serious and prolonged injuries resulting from DePuy defective hip replacement systems, is the need for surgical extraction of the faulty ASR Hip Implant Device and often replacement with another defect-free Hip Replacement System of proper design by other orthopedic device manufacturer. The Hip replacement by its very nature of necessity is often surgically performed in middle-aged and elderly population. And recovery from the second hip replacement is often more difficult than after the first. A second surgery of this nature could and often does increase the risk of complications, severe infections, prolonged recovery time, and death. In some patients the infection resulting from defective ASR system, is so advanced and systemic that a revision surgery is not possible. In this group of patients the only option is a surgical extraction of defected device without any corrective hip replacement to restore the lost mobility function patients experienced in first place.

After a person has gone through an extensive hip surgery including the lengthy recovery and process, it can be very upsetting to learn that the manufacturer incorrectly made the implant so that it will have to removed and the person will have to undergo the hip replacement surgery again requiring more recovery, missed time from work, and missed time from family and normal functioning.

In reviewing a potential failed hip replacement surgery medical negligence lawsuits and failed hip replacement defective hip implant lawsuits, it is extremely helpful to know what type of hip implant was implanted into the patient, when the hip implant occurred, if a second hip replacement surgery was needed or will be needed, when the hip implant began to malfunction, and what problems the defective hip implant caused.  It is also helpful to be able to review the medical records of the surgery.  For more information on potential defective hip implant lawsuits or failed hip replacement surgery medical negligence lawsuits, feel free to submit an inquiry or e-mail failedhipreplacementsurgerylawsuit@texaslawyers.com.


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