If you have undergone a hip replacement surgery after July of 2003, it is important that you read the important information below concerning the DePuy recall and your legal options including being part of a DePuy hip replacement lawsuit.

DePuy Orthopaedics, Inc. which is part of pharmaceutical giant Johnson and Johnson, created two hip replacement devices that have come under fire in the recent past. These products are the DePuy ASR XL Acetabular Hip System and the DePuy ASR Hip Resurfacing Platform. They issued a voluntary world-wide DePuy hip recall of both of these devices in August of 2010.

Hip replacement products all work in similar ways. The structure of the hip is a ball and joint mechanism. The ball portion of the hip, also called the femoral head, fits into the socket, which is known as the acetabulum. The ball rotates with movement within the curved socket of the acetabulum. Hip replacement products mimic this structure and should provide comfortable freedom of movement. There are three basic hip replacement models that are used. With the ASR Hip, the socket, or acetabulum is replaced with metal cup. With the ASR XL Total Hip the femoral head (ball) attaches to the stem (femur bone), and the ball rotates within the acetubulum (socket). The resurfacing system is comprised of cups that cover the femoral head, as well as the surface of the acetabulum.

Recipients of the ASR XL Acetabular Hip System and the ASR Resurfacing Platform have reported significant problems with the devices after implant. DePuy has reported that they have found a 12% to 13% failure rate with the devices, often within the first few years of implantation. These problems unfortunately mean that these patients will require a second implant surgery, known as a revision. There are several causes of these failures. The implant seems to loosen and not stay affixed to the bone. Bone breakage and fractures have been reported, as well as dislocation, where the ball and joint do not stay properly aligned. It has been determined that the movement of the metal ball against a metal socket creates microscopic metallic particles to accumulate in the hip and the bloodstream.

It is estimated that 93,000 of these hip replacement devices were sold. There is no class action against the manufacturer currently. DePuy hip replacement lawsuit cases that are being filed will likely be organized into an MDL, or multi-district litigation. In an MDL, the cases are filed individually and consolidated. Common aspects of the case will be supervised by a single judge. If you have a DePuy hip implant, it is important that you speak with your surgeon right away. You will need to be tested for possible hip failure. You should also speak with a lawyer regarding your legal options.

On September 9, 2010, DePuy Orthopaedics issued a DePuy recall of two of its hip implants: the DePuy ASR XL Acetabular System and the DePuy ASR Hip Resurfacing System. The ASR Hip Resurfacing System was only sold outside of the United States, but the ASR XL Acetabular System was sold worldwide. If you have received a defective ASR hip that was recalled, then a DePuy ASR lawsuit is an option.

How do I know if I am subject to the DePuy ASR Recall?
The DePuy hip recall encompasses the DePuy Orthopaedics ASR XL Acetabular System and the DePuy ASR Hip Resurfacing System. These two hip systems became available in July 2003. If you had hip surgery before July 2003, then your hip replacement is not on the recall list. If you had hip replacement surgery after July 2003, you should contact your surgeon or the hospital where the surgery was done and ask if you received the DePuy ASR hip. The manufacturer does not keep a list of patients who received its hip products.

What can I sue for?
In a DePuy ASR lawsuit, you can allege a number of things. You can sue for DePuy’s failure to warn of the high rate of failures of its ASR hip replacement systems, strict liability for a defective product, breach of warranty, and the negligent design, manufacture, and labeling of the devices.

The first DePuy lawsuit hip claim was brought by Kathleen Margenau in U.S. District Court in Fort Myers, Florida, in June 2010. She received the ASR hip implant in March 2008 and alleged that she began experiencing pain and weakness in her hip and quadriceps immediately. Just over a year after her hip replacement surgery, Ms. Margenau suffered what her doctor called a “catastrophic failure” and the hip device was replaced with another artificial hip system from a different manufacturer.

More recently, a Georgia resident has filed a DePuy ASR lawsuit against DePuy Orthopaedics, Inc., and Johnson and Johnson, its parent company, over his defective ASR hip device. The man, Virgil Lewis, claims that he received a DePuy ASR Acetabular Cup in a total hip replacement surgery, and that he experienced pain and extreme weakness in his hip and quadriceps despite his wounds healing perfectly. Lewis claims that he will continue to suffer an increased risk of long term complications, pain and additional corrective surgeries because of the defective product.

Why was the DePuy ASR Recall implemented?
The DePuy hip recall was issued because data it received showed that five years after the hip was implanted, 12% of patients who had received the ASR Resurfacing System and 13% of patients who received the ASR total hip replacement needed to have it replaced. This replacement surgery is called revision surgery. If you are among the patients who received a defective ASR hip replacement, then you should contact an attorney for the latest DePuy recall news.

DePuy Orthopaedics, Inc. has announced a DePuy recall 2010 for two of its hip replacement devices, the DePuy ASR XL Acetabular Device and the ASR Hip Resurfacing System. Pursuant to this recall, DePuy has stated that they will cover all “reasonable and customary costs of monitoring and treatment” for recipients of these devices.

If you have received of one of the recalled hip implant devices you are probably wondering if you need a lawyer, and are confused on how to proceed.

First, it is important to be very clear on what DePuy is actually offering. While their statement above seems somewhat comforting, the reality of the situation is far different. DePuy has requested that the affected patients submit their medical bills to their own health insurance company, and DePuy will in turn pay the co-pay and deductible.

This is problematic. Under ERISA health insurance and Federal Medicare Regulations, a patient can be held responsible for paying the costs of treatment if they receive reimbursement from a third party. So when DePuy pays the co-pay and deductible, they may be creating legal liability for their patients.

Once money is received, the patient becomes responsible for the entire costs of treatment to Medicare or ERISA. These entities have a legal right to pursue reimbursement from the patient and take them to court. When a patient accepts the co-pay and deductible from DePuy, it would only cover out of pocket costs, potentially leaving the patient legally exposed when they are sued.

This promise to pay by DePuy also implies that the co-pay and deductible are the only damages experienced by these patients. They do not mention the emotional stress, the physical pain, the loss of wages, and the impaired ability to enjoy life. There are serious medical questions that remain unanswered. There are classic symptoms of DePuy hip replacement failure, including pain, swelling, dislocation of the hip, and loosening of the device. The grinding of metal on metal is known to cause the release of metal ions into the blood stream of the patient. There is as of yet, no clear indication of what risks these potentially carcinogenic substances do to a patient in the long run.

It is recommended that you do not sign anything from the manufacturer without first consulting with an experienced lawyer to learn about all of your options. The monetary offer made by DePuy to compensate the victims of this DePuy recall may not cover all of the related costs and does not include pain and suffering. Speak with a lawyer to learn more about protecting your rights, the latest DePuy hip recall news and obtaining the compensation you deserve.