History of the DePuy Hip Replacement Litigation
DePuy is a subsidiary of Johnson and Johnson. In August of 2010 DePuy issued a worldwide recall of the DePuy ASR XL Acetabular System and Depuy ASR Hip Resurfacing System.
Total hip replacement (THR) surgery first requires that damaged cartilage and bone are removed from the hip socket (Acetabulum) and femur. Then the hip socket (Acetabular component) is placed into the hip socket; otherwise known as the "cup." A portion of the femur, including the femur head (ball), is removed and is replaced by the artificial femoral component. The DePuy ASR hip systems were designed to give the greatest mobility of the hip joint by using a shallow cup. The problem with these DePuy hip replacement implants (its shallow cup design) is that there is insufficient coverage by the cup implant of the metal ball; there is insufficient coverage of the cup to fully distribute the forces of the ball against the cup without over-concentrating those forces, usually at the out edge of the cup ("edge-loading"). The result is metal-on-metal wear and tear which can lead to loosening of the prosthesis, as well as the release of metal ions (cobalt and chromium) resulting in disease. This release of metal ions can cause fluid to collect in joint and/or in soft tissue surrounding the device - "metalosis." Moreover, the excessive levels of cobalt can lead to damage of several organs including blindness, deafness, renal problems, cognitive problems - "cobaltism" - which can present itself even without failure of the device. The bone and tissue loss and nerve damage associated with the release of metal ions and revisions can lead to definite future complications. Reports show a significantly higher revision rate of ASR total replacements compared to conventional total hip replacements. In addition, patients of small stature, a group typically consisting of women and patient with weak bones, face a higher risk. This is/was the group in which the smaller, shallower cup design was promoted as more ideal for/heavily towards. With each revision, the possibility for future successful revisions decreases. Thus, not only is the possibility of future successful revisions decreased due to the need for premature failure of the DePuy device, but the damage to the surrounding tissue due to the metal ion release makes future required revisions even more difficult.
Lawyers across the country are filing lawsuits for the damages caused by the faulty hip devices. You should contact a lawyer board certified in Personal Injury Trial Law to discuss your case as soon as possible.
DePuy will attempt to shift the blame to implanting surgeons by asserting that their failure to implant the device properly led to the failure of the device. However, the design of the ASR makes proper placement by surgeon nearly impossible. DePuy knew or should have known that 30-40% of surgeons would misplace the device.
Do not let DePuy destroy the evidence! In September 2010, DePuy sent a notice to doctors and hospitals requesting their assistance in retaining explanted components and related tissue samplings. This notice requests that doctors and hospitals send explanted DePuy components to their "retrieval laboratories" for testing. This testing by DePuy is destructive to the device; therefore, it is vital that your device be retained by your doctor/hospital and not sent to DePuy.
Michael P. Fleming, former Harris County Attorney, is board certified as a specialist in Personal Injury Trial Law by the Texas Board of Legal Specialization.
In addition to being board certified as a specialist in Personal Injury Trial Law and well-known as the former Harris County Attorney, Michael P. Fleming has been recognized as a Texas Super Lawyer for many years. His Houston law firm is AV rated by Martindale - Hubbell (the highest rating) and has been featured in H-Texas Magazine's Top Attorneys in Houston issue which features the best Houston lawyers and law firms. He is also one of the small percentage of attorneys in the entire country to have had the privilege of arguing and winning a case before the Supreme Court of the United States. Mr. Fleming is also licensed as a Solicitor by the Law Society of Ireland and can assist with any personal injury or business matters in Ireland through his affiliated Solicitor firm in Dublin, Ireland.
If you have a serious personal injury, wrongful death or litigation matter in Houston, Austin or anywhere else in Texas, contact an attorney with the qualifications, experience and reputation you can trust. Michael P. Fleming is a personal injury lawyer with the qualifications and experience you deserve.
DePuy has recently implemented a Reimbursement Program in which DePuy offers to pay portion of the reasonable and customary charges related to the necessary replacement of their failed device. However, patients should be aware and weary of taking advantage of these programs. In exchange for DePuy's limited payment of medical expenses associated with procedures performed to address their failed product, patients must sign release forms and authorizations allowing DePuy to contact the patient directly, contact their doctor(s) directly, and obtain the explanted device. It is important to review and revoke any authorizations previously given to DePuy relating to DePuy ASR XL Acetabular System and Depuy ASR Hip Resurfacing System.
Contact the DePuy Hip Replacement Recall Lawyers at Michael P. Fleming & Associates Today.
