DePuy Hip Implants: Legal Information

Two DePuy hip systems have been the subject of hundreds of product liability lawsuits:

• DePuy ASR XL Acetabular System
• DePuy ASR Hip Resurfacing System

These are both “metal on metal”hip implant systems. This design has been blamed for injuries ranging from dislocated and broken hips, to heart, nerve, kidney, and thyroid problems. Those who suffer an adverse reaction must go through additional surgery to replace the implant. Many also experience pain, suffering, and lost wages throughout the revision process.

This article discusses lawsuit information and recall information regarding DePuy hip replacement systems. 

Medical device manufacturers are responsible for ensuring their products carry adequate warnings and are safe for use. If you have been harmed by a DePuy implant or another device, contact a product liability attorney near you. An attorney can determine if you have a claim and recommend next steps to pursue compensation.

What Are Metal-On-Metal Hip Replacements?

Metal-on-metal hip implant systems feature a metal ball that fits into a metal cup or socket. As a person walks or moves, the ball moves within the cup, like a natural hip ball joint moving within its socket.

In addition to the general risks posed by all hip implant systems, metal-on-metal implant systems pose some particular risks.

These stem from the fact that during the walking motion, the metal ball slides against the metal socket. When this happens, tiny metal particles wear off the ball and the socket. This metal debris is released into the space surrounding the hip implant. Some of it may even enter the blood stream.

According to the FDA, there is no way to avoid the shedding of these metal particles. This is true despite the fact that orthopedic surgeons can take precautions to minimize the rubbing of the metal ball against the socket to minimize the shedding of metal particles.

Metal-On-Metal Hip Implant Adverse Reactions

Some patients may suffer an adverse local tissue reaction, sometimes called an”adverse reaction to metal debris.”In these cases, the metal particles that wear off the implanted ball and socket damage the tissue and bone surrounding the implanted hip. When this occurs, the implant can become loose, cause pain. It can require surgery to remove and replace the hip implant.

A smaller number of metal-on-metal hip implant recipients have experienced effects on their heart, nervous system, and thyroid gland. These adverse effects stem from a high level of metal ions in the bloodstream.

The DePuy Hip Implant Recall

Upward of 90,000 patients received either the DePuy ASR XL Acetabular System or the DePuy ASR Hip Resurfacing System. According to the company, these systems fail 13% and 12% respectively within five years of being implanted. The British Orthopedic Association estimates much higher failure rates 49% failure at the six-year mark.

In August of 2010, DePuy recalled the ASR XL Acetabular System and DePuy ASR Hip Resurfacing System due to the high number of patients requiring surgery to replace the implants. DePuy set up a system that offers to cover some of the medical costs for those requiring a revision surgery.

A Lawyer Can Help Recover Compensation

According to the recall process set up by DePuy, the company will cover out-of-pocket expenses paid by insured patients, such as:

• co-payments
• co-insurance payments
• Lost wages for the additional surgery

Patients may seek damages beyond what DePuy offers as part of their recall process. A product liability attorney can help determine what damages you may be entitled to based on your situation. Additional injury damages could include:

• Emotional distress
• Pain and suffering
• Other out-of-pocket medical expenses

DePuy Hip Implant Lawsuits

Those injured by degenerative DePuy implants have rights to recover far more than their out-of-pocket expenses on a revision surgery.

As of May 2011, approximately 700 lawsuits over the DePuy ASR XL have been filed in federal courts.

In December of 2010, all federal lawsuits alleging injuries due to the DePuy implant were transferred to the United States District Court for the Northern District of Ohio, as part of multidistrict litigation. This means that all cases filed over the ASR XL in federal court will become part of the ongoing litigation in the federal court in Ohio.

Plaintiffs have also filed lawsuits in states across the country to recover damages for injuries from DePuy Orthopaedics’ hip implants.

Learn More About DePuy Hip Implant Claim Options: Contact an Attorney

There is a high probability of failure among the DePuy hip implants identified in the recall. Even if you haven’t experienced any of the symptoms related to a hip implant failure, it’s important that you consult with your health care provider immediately. You can also get legal peace of mind by contacting a lawyer experienced with product liability claims.

FindLaw’s directory of product liability attorneys can get you started. Select your state or city to review contact and ratings information for local experts. Your search results will also link you to additional details about the attorneys’ experience with medical device cases.