subject: How to Determine if Your Replacement Hip Has Been Recalled [print this page] How to Determine if Your Replacement Hip Has Been Recalled
In August 2010, DePuy Orthopaedics issued a voluntary recall of two devices that replace a worn or weakened part of the hip. The ASR XL Acetabular System and the ASR Hip Resurfacing System both fail in 1 out of 8 patients, as indicated by data from the National Joint Registry for England and Wales. Of the approximately 93,000 ASR recipients worldwide, DePuy estimates that 10,000 will need a revision surgery (a second hip replacement surgery), although the actual number could be significantly higher.
As a hip replacement patient, you want to know how to find out what brand of implant you received. DePuy indicates on their Web site that patients who underwent hip replacement surgery after July 2003 (when the ASRs became available) could be affected by the recall. However, because the company does not keep records of ASR recipients, DePuy states that you must contact your orthopedic surgeon or the hospital where your surgery took place to determine whether you received an ASR Hip. Contact your surgeon directly if possible. In the event that you cannot remember his or her name, call the hospital where your surgery was performed to obtain this information.
If your doctor confirms that you were implanted with an ASR device, further testing may be necessary to determine whether the recalled hip is functioning properly. But before visiting your surgeon for the necessary tests, DePuy recommends that patients call the ASR Help Line to initiate a claim. The company says that this is a necessary first step for being reimbursed for out-of-pocket expenses. DePuy further advises that only after filing a claim and receiving the paperwork necessary for reimbursement should a patient visit their doctor for testing. However, there is reason to believe that calling the Help Line without first speaking with a lawyer could be detrimental to your claim.
This doesn't mean that you should not visit your doctor. In fact, for medical and legal reasons, it is recommended that even if you currently are not experiencing any pain or discomfort, you find out as soon as possible whether or not your hip is an ASR. Not only will prompt action ensure that you undergo tests and treatment (if necessary) in a timely manner, but it also safeguards you against the expiration of a statute of limitations (laws that limit the amount of time you have to take legal action).
If your doctor confirms that your replacement hip is an ASR model, you should speak with an experienced hip replacement lawyer right away. Proceeding with the DePuy ASR claims process without legal representation could jeopardize your rights. Furthermore, even though DePuy has offered to pay for the costs of testing and treatment related to the ASR recall, following the company's claims process does not guarantee that you will be reimbursed for expenses. In the end, you may have to take legal action to receive the compensation you are entitled to.
