subject: DePuy Lawsuits Filed After DePuy ASR Hip Replacement Recall [print this page] DePuy Lawsuits Filed After DePuy ASR Hip Replacement Recall
Despite lawsuits being filed concerning the DePuy Hip Replacement system, some patients who received a hip implant made by DePuy Orthopaedics say they have been told they are responsible for the revision surgeries. The DePuy hip recall was announced in August 2010 and affected approximately 93,000 DePuy hip replacement units.
Since the DePuy hip recall was announced, lawsuits have been filed against DePuy Orthopaedics, alleging that the DePuy hip implantsspecifically the ASR XL Acetabular System and the ASR Hip Resurfacing Systemwere defectively designed. The recall was announced after it was discovered that the DePuy Orthopaedics implants had a high failure rate.
That failure rate of the DePuy ASR hip replacement has resulted in patients requiring hip revision surgery to replace the allegedly defective implant--and that, in turn, has resulted in DePuy hip lawsuits.
According to NBC Chicago (10/28/10), DePuy Orthopaedics told patients that they should have Medicare or private insurance companies pay for the hip revision surgery, even though the product was recalled due to a high failure rate.
One DePuy hip replacement patient, Scotty MacGregor, whose story was reported by NBC Chicago (10/28/10), reportedly received an answer to her DePuy lawsuit that alleged she (MacGregor) was "negligent, careless and at fault" in her injuries, which "were not legally caused by the product at issue [the DePuy hip implant]." DePuy Orthopaedics then reportedly gave six possible reasons for the patient's injuries including an allergic reaction and an unforeseeable illness. MacGregor had her initial hip replacement surgery two-and-a-half years ago.
Patients who must undergo hip revision surgery face not only complications of having a second surgery on their hips, but also time off work--if they still have remaining sick time available, additional hospital bills and at least two months of recovery time. Although most hip replacement devices are expected to last approximately 15 years, roughly 12 percent of patients who received the DePuy hip devices experienced failure within five years.
Meanwhile, a woman in Hawaii has filed a lawsuit after her ordeal with the DePuy Orthopaedic hip replacement. According to The Star-Advertiser (10/27/10), Jacqueline Lum (her last name is also reported as Lim) had her initial hip replacement surgery in August 2009 and started to feel pain about three months after that surgery.
One issue is that the metal-on-metal design of the DePuy ASR Hip replacement causes metal shavings to be released from the hip device and enter the patient's surrounding tissue, causing a condition known as metallosis. That metallosis can cause damage to nearby bone and tissue, resulting in failure of the hip implant. A second problem is that the shallow design of the cup in the implant can result in the joint itself failing.
DePuy lawsuits have also been filed in Illinois and Indiana, alleging DePuy Orthopaedics knew about the risks associated with the DePuy hip devices but failed to warn about those risks.
