DePuy ASR Hip Replacements Known To Fail But Implanted Anyway

MIAMI, FL, March 26, 2013

In 2010, Johnson & Johnson recalled its DePuy metal-on-metal Articular Surface Replacement (ASR) hip joint. The National Joint Registry of England and Wales had revealed that that the hip joint replacement system was failing at a much higher rate than other joint replacement options. According to the British joint registry, the DePuy hip replacement system was predicted to fail in at least one-third of all patients who received it, often requiring painful revisionary surgery.

Johnson & Johnson challenged the National Joint Registry's assertion that its ASR hip joint had such a high failure rate. But, according to documents recently unsealed in a defective medical device lawsuit against the joint maker, Johnson & Johnson had not only independently confirmed the results of the British registry, it had discovered that its joints were failing at an even higher rate - in up to 40 percent of the people who received the DePuy ASR hip joint. It knew that the hip implant system was likely to fail.

Johnson & Johnson and DePuy marketed two versions of the ASR hip joint: the ASR XL Acetabular System and the ASR Hip Resurfacing System. It is estimated that close to 31,000 people in the United States received a DePuy ASR hip replacement. Already, close to 9,000 products liability lawsuits have been filed against the hip joint manufacturer in the United States. Only the ASR XL Acetabular System was implanted into hip replacement patients in the U.S.

Side Effects And Complications Of The Metal-On-Metal DePuy ASR Hip Joint

One of the most common concerns for individuals undergoing knee or hip replacement is the amount of pain that will be experienced after the surgery. The progression of pain following a total hip has been described as a sharp stinging pain that subsides to a deep ache within the joint. Although hip replacement surgery is said to be less painful than knee replacement, there is still a certain amount of pain and risk that goes along with the procedure as with any medical procedure.

When a second surgery, or revisionary surgery, is required to remove a defective hip joint like the DePuy ASR, an individual is forced to deal with the pain and risk of hip replacement all over again, often within weeks, months or less than five years of the initial surgery. Hip implants before the defective DePuy metal-on-metal ASR variety were estimated to last up to 15 years; those implants were a combination of metal and plastic.

In addition to the pain of a first and second surgery, problems with the DePuy ASR hip include:

- Dislocation of the joint or implant parts
- Broken or fractured bones near the implant site
- Metal poisoning (metallosis) caused when the metal-on-metal pieces rub together and grind each other down, releasing metal into the blood and surrounding tissue
- Loosening of the hip implant system within the body

Complications caused by a defective hip implant can lead to swelling, inflammation and the accumulation of fluid around the joint, which can make walking difficult. Metallosis can lead to both heart problems and cognitive complications.

What Are Your Rights If You Received A Defective Hip Implant?

The first step in dealing with the aftermath of a dangerous or defective product should be to contact an experienced trial attorney in your area. He or she can advise you of your legal rights and how to assert those rights to recover the maximum compensation for your losses.

DePuy has already offered to pay for all costs related to revisionary surgeries required for those who have received a defective ASR hip implant. Johnson & Johnson announced in a January 2013 press release that it had set aside close to $1 billion in addition to the $3 billion set aside in 2011 to compensate those who received a defective metal-on-metal hip implant from the company.

If you received a notice from Johnson & Johnson or DePuy regarding a recall of the ASR hip implant system that included a claims form, you should speak with an attorney before signing anything. There may be limits to the type revisionary procedures the company is offering to cover and you may be entitled to additional damages, such as pain and suffering or lost wages, which the company may not be willing to pay without a fight. Johnson & Johnson reached settlements last August with three adults who received defective hip implants; each received $200,000.

Whether you have already experienced complications from the DePuy ASR hip replacement system or were the recipient of a yet-to-fail hip joint, do not wait to discuss your options with a products liability attorney in your area. The DePuy ASR hip joint was recalled in 2010; the failure rate triggering the recall was based on a five-year window. Even if you are not experiencing symptoms of joint replacement failure, you should take steps to learn what you can do if your new hip fails in the next few years.

The South Florida trial lawyers of Freidin Dobrinsky have been helping individuals secure compensation after the negligence, recklessness or bad acts of another forces them to deal with serious personal injury. After more than 300 jury trials and a history of successful personal injury lawsuits, Freidin Dobrinsky focuses on providing quality legal services to each and every individual and family we work with.

To learn more about the Miami injury attorneys of Freidin Dobrinsky, please visit http://www.freidindobrinsky.com. If you or a loved one has been injured, call 866-495-8060 to schedule a free, no obligation consultation with an experienced South Florida attorney at our Miami, Ft. Lauderdale, or Fort Myers office.

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Additional Resources:
Florida Personal Injury Law Blog: http://www.miamipersonalinjuryattorneyfl.com/