Over 93,000 patients around the world received a DePuy ASR hip replacement implant between 2003 and 2010. In August of 2010, DePuy issued a recall of the devices after massive amounts of evidence demonstrated a much higher than average failure rate – 13% in the first five years after surgery – in the recalled devices. A few lawsuits against DePuy were filed even before the recall began. Now, a few months into the recall, the number of hip replacement lawsuits increases almost daily.
Before a satisfactory settlement is reached, the number of lawsuits could reach into the thousands or even tens of thousands. DePuy has promised to reimburse patients for certain expenses related to the recall, but only at the company’s unilateral discretion. Reports are already emerging that the company has denied patient claims and reportedly told some patients that they caused their own injuries and the faulty devices were not to blame.
The DePuy lawsuits that have already been filed claim that the company knew for at least two years that their devices were faulty, and yet, they continued to sell them to unsuspecting patients and failed to warn doctors of the high failure rate. Now DePuy is attempting to collect medical records, failed devices, and consent forms signed by patients who received the implants, which may forfeit their right to compensation and other legal actions.
Patients are urged to consult an attorney before signing any forms or making any agreements with DePuy. In addition to not offering any compensation for time away from work or for pain and suffering, a Kansas City Injury Board article reports that, “DePuy’s offer fails to address serious questions concerning tissue contamination by metallic cobalt and chrome ions that are released into the body by the metal-on-metal friction of the DePuy ASR artificial hip system,” and that “Acceptance of DePuy’s offer may release DePuy from any future liability stemming from this metallic contamination.”
References:
Emison, Brett. (October 3, 2010) “DePuy Artificial Hip Recall: Do I Need A Lawyer?” Retrieved on October 21, 2020 from the Injury Board.
PR Newswire Staff. (September 29, 2010) “DePuy Hip Recall & Avandia Focus of Nov. 3 Conference, HB Announces.” Retrieved on October 21, 2010 from PR Newswire.