DePuy Orthopaedics, a division of Johnson & Johnson, recently recalled two of its popular hip replacement systems the DePuy ASR XL Acetabular System and the ASR Hip Resurfacing System due to a higher-than-normal failure rate of the devices. Despite the devices’ marketed success since they were approved by the U.S. Food & Drug Administration in 2003, many patients have experienced serious side effects from the hip replacement systems.
The recalled hip replacement systems have been used in more than 93,000 hip replacements since they were approved six years ago. In the past two years, the FDA has received more than 300 complaints regarding the devices, including loose hip cups, hip dislocations, bone fractures, pseudotumors from metal debris, allergic reactions and permanent muscle and tissue damage. Data has shown that in the five years following implantation of the ASR Hip System, 12% of patients who received the ASR resurfacing device, and 13% of patients who received the ASR total replacement system, have required a subsequent hip revision surgery to correct the medical problems caused by the ASR system.
While hip replacement systems are generally expected to last up to 15 years, the DePuy implant system has been failing after just two to three years. Many doctors believe that the cup of the DePuy ASR hip implant is too shallow, which can lead to improper implantation and other health complications, such as a condition known as metallosis which may result in the release of higher, potentially dangerous levels of chromium and cobalt ions into the body.
DePuy is providing patients with compensation to cover reasonable and customary costs of monitoring and treatment for services, including revision surgery if it is necessary, associated with the DePuy ASR hip recall; however, the compensation is limited to out-of-pocket expenses, may not cover expenses incurred following hip replacement surgery and does not cover many diagnostic tests or blood tests that may be required prior to the revision surgery.
If you received one of the recalled systems, you may have received information from DePuy or its parent company, Johnson & Johnson, regarding the recall. You may wish to consult with an experienced attorney before signing any paperwork provided by DePuy Johnson & Johnson since the documents may include a waiver that could prevent you from receiving any additional compensation from DePuy or Johnson & Johnson in the event that medical complications arise in the future.
Howard Ankin of Ankin Law (www.ankinlaw.com) handles workers’ compensation and personal injury cases. Mr. Ankin can be reached at (312) 600-0000 and howard@ankinlaw.com.