As a Depuy hip recall lawfirm, we have previously posted information regarding the Depuy Orthopaedics recall of the DePuy ASR XL hip implant. As a Depuy hip recall lawyer, I have been asked many times, “What’s the big deal with this hip recall? Don’t all hip implants eventually fail?” The easy answer about hip implants is Yes.
DePuy Hip Recall Lawyers Represent Recall Victims
As we have posted previously, all hip recall lawyers will explain that a partial or total hip implant is not a cure for hip pain. However, what makes this Depuy hip recall so unusual is the extraordinarily high failure rate as compared to DePuy’s hip implant competitors. In fact, the medical research which lead to the hip recall has shown that between 12 and 13 percent of Depuy hip implant patients will require a hip replacement revision surgery within five years of receiving the replacement.
Since there were approximately 93,000 Depuy hip implants performed in the last five years, over 12,000 of these patients can expect to have a failure within five years. Unfortunately, there is no way for a Depuy hip implant patient to know whether or not they are one of the 12,000 who will have this five-year failure, or whether their hip implant will last longer.
DePuy Hip Implant Lawyers Scold DePuy for Negligence
There are many reasons for this high failure rate of the Depuy hip implant. As a DePuy him recall lawyer, we have posted information regarding the medical facts which have led to the Depuy hip implant defects which have led to the hip recall. In addition, the Depuy hip recall has also occurred because of the potential of the implant to shed metals (chromium and cobalt) into a hip implant patient’s bloodstream causing a condition called osteolysis.
Again, not all hip replacement patients who have had a Depuy hip implant will have this serious medical condition, but, without sensitive laboratory studies, there is no way to determine whether or not a Depuy hip patient does or does not have such a condition. In a nutshell, while 12 to 13 percent may seem like a low percentage, it is a nightmare for any Depuy hip implant patients who have received a Depuy hip replacement that is now the subject of the DePuy hip recall.
DePuy Hip Recall Lawyers in New Jersey and Philadelphia
If you or a loved one have received a defective hip implant manufactured by DePuy, you may fall into the group of people entitled to compensation from DePuy. If you are experiencing prolonged and excessive pain in your hip joint and you recently had hip replacement surgery, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Our defective product attorneys can offer you the legal advice you’ll need to make the next step. Let the Mininno Law Office team earn you the compensation you need and deserve.
Fortunately, the Mininno Law Office and its New Jersey and Philadelphia Depuy hip recall lawyers work on a “contingency-fee basis,” which allows you to get the best legal representation available without having to pay up front. Contingency means service now, pay later.
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The medical research is showing that these hip implants need to be removed much sooner than traditional hip implants. In addition, because these recalled hips are shedding chromium and cobalt metals into the bloodstream, research suggests that these patients will have significant inflammation and injuries to surrounding tissues and structures. Who knows what long-term damage this metal will have on these patients. Finally, these chromium and cobalt metals are circulating with the patient’s bloodstream. Again, who knows what damage these metals will have on a patient’s circulatory system, the heart or the brain.
In the Johnson & Johnson subsidary’s first press release, which was sent out on August 26, 2010, they boasted that they would cover “reasonable and customary costs of monitoring and treatment for services.” This was their first “offer” of compensation. This vague statement really meant nothing. DePuy refused to even acknowledge whether or not they would cover lost wages, medical expenses, or any other of the typical compensatory damages that defective product makers are required to pay to makeup for the harm they cause to their patients. In this case, if you are one of the 93,000 DePuy ASR hip implant patients and your hip implant has failed, or you are concerned about metal poisoning your system, you will likely need a second hip implant surgery.
As a DePuy recall lawyer, we tell our clients that it means nothing. Why? Because before any claims for compensation are considered, DePuy, who admittedly designed, manufactured, and sold for profit a defective hip implant to 93,000 patients, is requiring those patients to first pay for their medical expenses upfront. That’s right, if your hip implant has failed, and you need treatment or surgery, you first have to send your bills to your own health insurance company and, if you don’t have private insurance, Medicaid or Medicare. DePuy will only then consider a claim for reimbursement for any out of-pocket expenses and deductibles that are not being covered by your health insurance, Medicaid, or Medicare.
Just last year, an Iranian court sentenced someone to the surgical removal of their eye after their actions caused the loss of another man’s eye. That “eye for an eye” justice system is still very much a part of “civil justice” in some parts of the world.
Since it was a partial replacement of just the cap, DePuy marketed it as a less invasise hip replacement. The problem with the ASR Hip Resurfacing System system, according to DePuy’s website, is that the independent national joint registry of England and Wales showed a five year failure and revision rate of approximately twelve percent – that’s 1 out of every 8 patients.
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