DePuy Hip Recall Victims: Top Ten Ways to Protect Your Health and Legal Interests

SAUSALITO, CA, October 05, 2010 (Press-News.org) In August, DePuy Orthopedics issued an international recall for two of its metal on metal hip implants - the DePuy ASR XL Acetabular System and the DePuy ASR Hip Resurfacing System. The recall was due to an extremely high failure rate and the possibility of heavy metals entering the blood stream.

It is estimated that 10,000 patients implanted with these devices may need to undergo revision surgery. If you are one of the patients with a recalled DePuy hip implant, here are the top ten things you should do and be aware of to protect your health and your legal rights.

1. Contact your doctor. If you are feeling pain or discomfort in the hip replacement area, let your doctor know and schedule an appointment right away. He or she is there to help, should be aware of the DePuy hip recall and can tell you which replacement device you have.

2. Understand that DePuy is not your friend. Do not trust DePuy as their motives are likely very different than yours. The company, which is owned by Johnson & Johnson, is seeking to limit its financial exposure and may do whatever it can to accomplish that. Keep in mind that J&J recently admitted to Congress that it secretly purchased bad batches of children's Tylenol, Benadryl and Motrin off the shelves instead of instituting a public recall - placing children's lives at risk. So, make sure you speak with an attorney before signing anything or letting the company take possession of your hip implant - which may become evidence at a later date.

3. Beware of DePuy hip replacement side effects. If you are experiencing any or all of the following side effects, tell your doctor immediately:

- Loosening or failure in securing the DePuy hip implant against and within bone growth
- Site area tissue necrosis (death)
- Metal ion (cobalt, chromium, molybdenum) entering the blood stream causing heavy metal toxicity
- Intense pain in the area of the hip replacement
- Soft tissue damage
- Inflammatory reactions, localized and systemic
- Bone loss
- Needed second hip replacement surgery to remove the recalled DePuy implant

4. Note who is most likely to be affected by the recall. Patients who are more likely to be affected by the recall due to excessive release of microscopic chromium and cobalt metallic debris include: 1) patients with slightly dislocated or poorly positioned hip implants, 2) females and 3) patients with weakened bones.

5. Monitor chromium and cobalt toxicity. Due to the poor design of the DePuy hip implant, microscopic chromium and cobalt shards can enter the blood stream due to metal on metal contact. It is possible to have elevated chromium and cobalt levels with no symptoms, no groin pain, no hip pain and no adverse reactions. So, you should have your blood tested even if you are asymptomatic.

6. Contact a DePuy hip recall attorney. -Defective medical device lawsuits are extremely complicated and it's important to speak with a DePuy hip recall attorney whose practice focuses in medical device litigation before making any decisions or signing papers. Read our article on how to hire a DePuy hip recall lawyer.

7. Contact an attorney if you have a DePuy Pinnacle Hip Implant System. In addition to lawsuits surrounding DePuy's ASR metal on metal products, DePuy hip implant lawyers are also looking at cases involving DePuy's Pinnacle Hip Implant System which also may be defective.

8. Understand who's at fault. DePuy is attempting to limit their financial liability by blaming surgeons for incorrectly implanting the devices. However, DePuy hip implant recall lawyers and medical experts say that the company, and not surgeons, are clearly at fault - so it's unlikely that your doctor would be part of a Depuy hip lawsuit.

9. Find out about possible damages. Defective hip implants often result in permanent injuries including a permanent limp, gait alterations and limitations in the ability to work. Patients affected by the DePuy hip recall can sue for both existing and future pain and suffering, medical expenses and lost wages. In addition, it's possible to receive damages for long term medical monitoring as there's a strong argument to monitor patients' chromium and cobalt levels to avoid metal toxicity.

10. Be aware that you may need another replacement or revision surgery. Unfortunately, medical device recalls aren't like car recalls. With cars, you drive your car to the dealership and drop it off for repairs. However, removing a defective hip replacement is an invasive and serious surgery requiring weeks of recovery. You surely understand this from your previous surgery. So, if you need revision or replacement surgery, make sure that all medical devices are preserved as they may be needed in suit against DePuy.

For more information, go to FreeAdvice.com, the award winning consumer legal website which has many helpful articles written in conjunction with an orthopedic surgeon to educate victims of the DePuy hip replacement recall and explain how to hire a DePuy hip recall attorney.

Online since 1999, www.FreeAdvice.com provides consumers and small businesses with balanced and comprehensive legal information covering over 125 legal topics. These useful and professionally prepared answers to thousands of legal questions are written, reviewed, and updated by lawyers from leading law firms across the country. For further information, please contact us at 240-462-5858.