DePuy Orthopaedics's popular ASR Hip Resurfacing System® and ASR XL Acetabular System® devices were implanted in more than 93,000 patients worldwide before the company recalled them due to an abnormally high rate of failure.
If you had your hip resurfaced or replaced between 2005 and 2010, learning the signs and symptoms of a failing DePuy hip implant is absolutely essential. We've compiled answers to the most common questions our clients ask about DePuy's ASR recalls. Please review the list below. If you have more questions, or would like to discuss a potential DePuy ASR hip implant lawsuit, contact McGartland Law today to schedule a no-cost, no-obligation initial consultation.
Q: Which DePuy hip devices have been recalled?
A: The ASR Hip Resurfacing System and ASR XL Acetabular System hip implant devices were recalled by DePuy Orthopaedics due to unusually high rates of failure. These popular hip replacement systems were implanted in more than 93,000 patients—in the United States and internationally—between 2003 and 2010, when they were recalled.
Q: What led up to the DePuy recall?
A: Problems with DePuy's ASR Hip Resurfacing System and ASR XL Acetabular System hip implant devices began long before the 2010 recall in the United States. In fact, the company was receiving complaints of device failures and related health problems more than two years before the recall. Australia's health regulatory agency recalled the devices in 2009.Additionally, information from a 2013 ASR trial revealed that DePuy's own studies showed a failure rate of nearly 40 percent.
Q: When were the DePuy ASR Hip Resurfacing System and ASR XL Acetabular System recalled?
A: DePuy Orthopaedics recalled its ASR Hip Resurfacing System and ASR XL Acetabular System in the United States in August 2010. The U.S. Food and Drug Administration issued a Class II recall for the devices a month earlier, meaning that use of the devices was associated with non-fatal health problems. The devices were also recalled in Australia in 2009.
Q: Why were the DePuy ASR Hip Resurfacing System and ASR XL Acetabular System recalled?
A: DePuy Orthopaedics recalled its ASR Hip Resurfacing and ASR XL Acetabular Systems after a National Joint Registry of England and Wales study showed an abnormally high rate of failure. According to the study, 12 percent of ASR resurfacing patients and 13 percent of ASR total hip replacement patients required additional surgeries to correct device failures and other associated health problems.
Q: How do I know if I have one of the recalled DePuy hip devices?
A: DePuy's recalled hip devices—the DePuy ASR Hip Resurfacing System and ASR XL Acetabular System—were manufactured between 2003 and 2009, and implanted between 2005 and 2010. If you had a hip replacement or resurfacing surgery during this period, your doctor may have used one of these devices. To find out if you have a recalled DePuy hip implant, talk to your orthopedic surgeon or consult an experienced personal injury attorney.
Q: If I received a recalled DePuy hip device, do I need to have revision surgery?
A: Not all patients who received a recalled DePuy hip implant will require revision surgery. However, patients with the recalled ASR Hip Resurfacing System and ASR XL Acetabular System should be monitored for pain and other health problems associated with the devices, such as adverse soft tissue reactions; high levels of the chemicals cobalt or chromium in the bloodstream; an tissue masses or pooling fluids. If you think you might need revision surgery, talk to your doctor.
Q: How can I tell if my DePuy hip implant is failing?
A: Pay attention to any symptoms that arise. If you start having trouble walking, or experience pain or inflammation around your hip, consult your physician. In addition, you should also undergo regular lab tests and other evaluations to catch any health problems associated with the recalled devices as soon as possible.
Q: What symptoms are commonly associated with a failing DePuy hip implant?
A: Patients who've had a failing DePuy hip implant report a range of uncomfortable to debilitating symptoms that can include:
- Pain in the hip, lower back, thigh, or groin
- Popping or creaking noises when walking
- A feeling that the hip has popped out of joint
- Trouble rising to stand
- Pain so severe that it limits mobility
Talk to your doctor if you experience these or other unexplained symptoms.
Q: What are the adverse side effects associated with a failing DePuy hip implant?
A: A failing DePuy hip implant can have a number of ill effects on a patient's health. The most common adverse side effects include loosening, dislocation or breakage of the implant; inflammation and infection in the bone and tissue around the implant site, metal poisoning, and organ and tissue damage caused by metal particles shed from the implant.
Q: What is metallosis and how is it linked to DePuy hip implants?
A: Metallosis is a type of metal poisoning commonly associated with medical implants, such as hip replacement or resurfacing devices, that feature a metal-on-metal design. In the recalled DePuy hip implants, the metal-on-metal design promotes corrosion and fretting that releases small metal particles into the bloodstream and surrounding tissue.
Q: What are the symptoms of metallosis?
A: The symptoms of metallosis can range from uncomfortable, debilitating, and even fatal. Hip replacement patients who've suffered from metallosis can experience:
- Skin rashes
- Thyroid and nerve problems
- Cognitive impairment
- Visual impairment that can lead to blindness
- Auditory impairment that can lead to deafness
- Heart problems, including heart failure.
Q: Why are people filing lawsuits against DePuy?
A: Thousands of patients with the recalled ASR Hip Resurfacing System and ASR XL Acetabular System implants have filed lawsuits against DePuy. They allege the devices caused serious medical problems, such as metallosis, and the company continued to sell the faulty implants despite evidence of high failure rates.
Q: What is the status of lawsuits filed against DePuy?
A: DePuy Orthopaedics's parent company, Johnson & Johnson, has settled many of the ASR hip implant lawsuits. Johnson & Johnson settled the first round of lawsuits in November 2013 for a reported $4 billion, and a second round of lawsuits in March 2015 for a reported $420 million. DePuy ASR hip implant lawsuits still in litigation are being handled in state-consolidated court proceedings in Ohio, with Judge Jeffrey J. Helmick presiding.
Q:What are the risks associated with revision surgery?
A: Hip revision surgeries are considered even more invasive than the original hip replacement and, as a result, carry an increased risk for complications, such as blood clots, infections, never damage, unusual bone growths, and even death. Revision surgeries can require breaking the original failed implant away from the bone, and the implant installed during the revision surgery may dislocate or fail to fuse to the bone. Hip revision surgeries can also alter the length of the legs.
Q: Why should I contact an attorney instead of filing a claim with DePuy for reimbursement of my medical bills?
A: Patients who file a claim with DePuy may be reimbursed for medical bills not covered by their insurance, but that's the extent of what these types of claims cover. However, patients who file a personal injury lawsuit against DePuy can pursue compensation for a wider range of damages, including lost wages and pain and suffering.
Q: What should I do if my DePuy hip implant has failed?
A: Contact an experienced personal injury attorney to discuss the details of your case. Don't sign anything from DePuy, Johnson & Johnson, or the companies' legal counsel without first reviewing it with your attorney. Most importantly, don't wait too long to file your lawsuit, as statute of limitation laws may apply.
Q: Is there a class action against DePuy?
A: Currently, there isn't a class action lawsuit against DePuy. Instead, all DePuy ASR hip implant lawsuits are being handled as multidistrict legislation state-consolidated court proceedings in Ohio, with Judge Jeffrey J. Helmick presiding. Contact McGartland Law for additional information on filing a lawsuit against DePuy.
Q: How long do I have to file a DePuy hip implant lawsuit?
A: The length of time a patient has to file a lawsuit is governed by statute of limitations laws, which vary by state. In many states, the statute of limitations for a personal injury case is just two years. This means an individual must file his or her lawsuit within two years of a hip implant failure diagnosis. For more information about the applicable statute of limitation laws in your state, contact McGartland Law.
Q: How much does it cost to file a DePuy lawsuit?
A: Most personal injury law firms that handle DePuy ASR hip implant lawsuits work on a contingency basis. This means they don't bill you for their services until they've resolved your case and you've received a financial settlement. Don't let financial concerns deter you from pursuing the compensation you need and deserve. Contact McGartland Law today.
Q: How long will a DePuy lawsuit take?
A: Without a thorough examination of a case, it can be difficult to determine just how long it will take to litigate. After all, legal cases are often as different as the people involved, and the length of a lawsuit may vary dramatically from case to case. Discussing your case with an experienced personal injury attorney can give you a better idea of what to expect.
Q: What damages can I recover in a DePuy lawsuit?
A: Personal injury laws allow patients who've suffered health problems as a result of faulty DePuy ASR Hip Resurfacing System and ASR XL Acetabular System to pursue compensation for a wide range of damages. These damages may include medical bills; lost wages caused by missing work during treatment and recovery; and loss of earn capacity if the injuries permanently prevent you from working. Personal injury patients can also seek a financial award for non-economic damages, including pain and suffering.