Depuy Hip Recall Lawsuit

Hip Replacement Recall Class Action Lawsuit

Depuy Hip Replacement Recalled


Depuy Hip Recall Hip Replacement Recall LawsuitDePuy Orthopaedics, Inc. has recalled two of its hip replacement systems sold between 2005 and 2009 following complaints and reports of a high failure rate primarily due to metal toxicity. Since 2008, the FDA received 400 complaints but DePuy continued to market the products, thus risking health of patients who received the DePuy hip implant surgery. Now after two years, the company seems to have risen from its slumber by recalling two of its hip replacement products, ASR™ XL Acetabular System and ASR™ Hip Resurfacing System. DePuy recalled the products after “more people than expected” had to undergo revision surgery after a few years of the first one.

 

DePuy Patient Metal Toxicity Risk 


The manufacturer has recalled both products from hospitals and patients because of their high failure rate. It has come to notice that DePuy’s metal-on-metal hip replacements are linked to metal toxicity or metallosis. The problem is related to the metal-on-metal artificial hip, which carries the risk of metal ions rubbing against each other as a result of friction. As a result of rubbing and grinding, these chromium and cobalt particles flake off into the surrounding tissue and bloodstream. Needless to say, when the metal ions enter the bloodstream, these cause side effects and expose the body to metal poisoning. Several people complained of persistent pain, inflammation, discomfort, lethargy, dizziness, headache, gastrointestinal upset, food allergies, all of which are the side effects of metal poisoning.

Moreover, metal toxicity is also linked with skin rashes, heart problems, depression, tremors, nerve damage, numbness, loss of sensory capabilities, confusion, and loss of cognitive capabilities. Then there is the risk of tumors as well.  Thousands of people who have had hip replacement surgery have complained of intense pain, swelling, walking difficulty, fracture, dislocation, weakness, cup loosening, in the hip area and about 12-13 percent of them had to undergo revision surgery simply because the hip implant was defective.

To register and start the process of filing your Depuy Hip Recall Lawsuit or Hip Replacement Lawsuit, please click the green submit my case button found at the top of this page or by clicking here.

Revision Surgery


Several of Depuy ASR recall patients must undergo a painful revision surgery for removing and replacing the defective hip devices. This means patients would need to bear the pain and trauma again, including the expenses of surgery and replacement products, and the burden of DePuy’s mistake. DePuy could have prevented this from happening had it marked the hip replacement device as potentially defective.


Several patients will be required to undergo additional testing and treatment to ensure that the product is functioning properly. Even those having undergone secondary surgeries might still need additional artificial hip replacement surgery to correct the problem if complications arise.


Revision surgery can be more extensive than the first hip replacement surgery and become complicated, posing challenges to surgeons, who would need to remove the defective cups and attach components to bones. Some surgeons believe that there is a fundamental design imperfection in ASR hip implant, which makes it difficult to implant.

 

Other Hip Replacement Implant Recalls


Like DePuy Inc., some other medical device companies, such as Zimmer and Stryker, have retracted their hip implants.

Zimmer Durom Cup Recall
Zimmer Inc. marketed Durom Replacement Acetabular Components, also known as Zimmer Durom Cup, a hip replacement medical device. However, like DePuy, the company received complaints from hip implant patients that the product was defective as they had to undergo revision surgery, following which it had to suspend sales in 2008. This prompted many patients to file negligence and product liability lawsuits against Zimmer Inc.

Stryker Hip Implant Recall
Stryker Corporation, another medical device giant, suspended sales of its Trident PSL and Hemispherical Acetabular Cups following numerous complaints from patients and warning letters from the FDA for failing to maintain procedures conforming to its guidelines.

St. Gobain Advanced Ceramics Desmarquest Hip Implant Recall
St. Gobain Advanced Ceramics Desmarquest recalled its zirconia ceramic femoral heads after complaints of a higher than expected fracture rate.

 

To register and start the process of filing your Depuy Hip Recall Lawsuit or Hip Replacement Lawsuit, please click the green submit my case button found at the top of this page or by clicking here.

 

Startling Statistics of Suffering Hip Implant Patients


Until March, about 93,000 of these hip replacement devices have been implanted globally. FDA had received 400 complaints prior to the recall. The current incompetence rate is 12-13% within the first few years of implantation, which means that one in eight patients requires a secondary surgery. This also means that, by 2014, over 11,000 individuals might have to undergo a secondary surgery.

Role of FDA In Defective Hip Implants


The FDA is also responsible for approving defective hip implants, following which DePuy released them to the market to be used by more than 93,000 patients in the hope of treating their medical condition. In other words, even certification by FDA is no guarantee of the safety of the product, which further implies that individuals are at their own risk to opt for a medical product. 

FDA started receiving complaints against DePuy soon after the product was launched, but it did not take any step against the manufacturer until 17 July 2010, when it recalled the products. FDA failed in its duty to protect public health by allowing a defective medical product to enter the market to be used by patients.

Defective Medical Device Claim


Patients can file a defective medical device claim against DePuy for selling faulty hip implants, which resulted in pain and injury after implantation. As a medical product manufacturer, DePuy fully failed in its duty of care to warn prospective patients of risks accompanying the use of its products. DePuy’s failure in carrying out its duty cumulatively resulted in injury and pain.

By marketing a defective product, which can even cause tumors, DePuy risked lives of several people who underwent hip implant surgery.  The DePuy played with public health and neglected safety norms by marketing a defective product just to make profits. Despite several complaints about its hip implants, DePuy refused to concede that its products were defective. It failed to institute a hip replacement recall and did not warn hip implant patients about possible metal poisoning. Such negligence on the part of DePuy calls for a negligence and product liability lawsuit. 

To register and start the process of filing your Depuy Hip Recall Lawsuit or Hip Replacement Lawsuit, please click the green submit my case button found at the top of this page or by clicking here.

 

According to DePuy, it will bear “reasonable and customary costs of monitoring and treatment for services.” This means it would only compensate the victims for medical care and treatment. But patients have borne immense physical pain and mental suffering, expenditure on treatment, lost wages, is DePuy not responsible for that? Having undergone revision surgeries, many patients have complained of decreased earning capacity; is DePuy not liable for that? All patients that have received DePuy ASR hip implant and experiencing complications thereafter are eligible for monetary compensation for product liability, physical injury, mental suffering, and revision surgery.

 

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