As New Jersey and Pennsylvania DePuy hip recall lawyers, we have been asked by patients, “How do I know if my surgeon used a DePuy hip implant? After all, there are literally dozens and dozens of different hip implant manufacturers, yet only a certain few of these hip implants have been recalled. Obviously, one way is to contact your doctor directly. However, many DePuy hip recall patients have had difficulty reaching doctors either because the doctors have retired, moved away, or do not have access to the operative records of the DePuy hip recall patient. Although contacting your hip replacement doctor is a good start, the only true way that a DePuy hip implant patient can know for sure is to look at the records from the hospital where the surgery took place.
Doctors and Hospitals Are Required to Put an Implant Record in a Patient’s Chart.
All hospitals and surgical centers where hip, knee, and other joint replacement takes place are required to have a method and system to track hip implants and other implants. For example, the nationally recognized Joint Commission on Accreditation of Healthcare Organizations (JCAHO) requires that any JCAHO-accredited organization have a dedicated system to record the manufacturer’s name and type of implant used.
Under this system, all DePuy hip recall patient should have a specific medical record in their chart which will show which DePuy hip implant products where used. Specifically, for DePuy hip recall patients, there should be a label taken directly from the package that was opened up in the operating room and affixed in the chart. This DePuy label should identify the DePuy hip replacement system (e.g. ASL XR, Pinnacle, etc), the model number, and serial number for the DePuy hip implant.
Any potential DePuy hip recall patient, should immediately call the medical records department of the hospital or surgical center where the hip implant surgery took place, and specifically ask for a copy of the record which contains the product label used in their surgery. This is the best and only way to know for sure if your surgeon utilized the recalled him implant manufactured by DePuy.
DePuy Hip Recall Lawyers in New Jersey and Philadelphia
If you are the recipient of a defective DePuy hip implant, 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. The defective product attorneys at the Mininno Law Office are skilled at earning full and fair compensation for victims of corporate negligence.
Bob Lugton, of Brisbane, Australia, was declared the first “Aussie” to join the DePuy hip recall lawsuit. Mr. Lugton filed suit when his DePuy hip implant failed only 18 months after having been implanted. As stated in previous posts, DePuy and Johnson & Johnson claimed that their hip implant would last as long as 20 years, so Mr. Lugton was a very unhappy man after his brand new hip failed so quickly. Like most DePuy hip recall patients, Mr. Lugton was also found to have cobalt and other metals leaking into his body from the wear and tear of his hardware. When asked why he joined the DePuy hip recall lawsuit, Mr. Lugton reportedly stated, “This is not for financial reasons”, but to let other people know of the devastating effects of toxic cobalt and chromium levels on his health and welfare.
We thank Mr. Schaberick for his comment on DePuy and Johnson & Johnson, and we do not completely disagree. However, our own research has shown that not all doctors who show up on the DePuy website have accepted honorarium or other monetary benefits to select the DePuy hip implant for their patients. However, as was pointed out by Mr. Schaberick, many of the orthopaedic surgeons did in fact receive significant monies and benefits from DePuy and Johnson & Johnson in return for selecting the ASR XL Acetabular complete or resurfacing implant systems. Mr. Schaberick is also correct that DePuy and Johnson & Johnson paid millions of dollars over the last several years because of violations of federal anti-kick-back laws.
As New Jersey and Philadelphia DePuy hip recall lawyers, we are telling our clients that they should give their own orthopaedic surgeon the benefit of the doubt and listen to what the surgeon has to say about their options. Of course, we are also recommending that all patients get a second, independent medical opinion from another orthopaedic surgeon regarding the nature and extent of their current condition, whether or not they have
Fortunately, the medical future involving artificial joint replacement looks bright. Notwithstanding the failure of the DePuy hip implant, scientists, metallurgists, and researchers are constantly searching for better options for joint replacement patients. Unfortunately, companies like DePuy Orthopaedics and Johnson & Johnson have a financial incentive to be the first manufacturer to get their products on the market. As such, it must be questioned whether this profit motive causes manufacturers to put medical devices on the market before conducting long term studies about the product. In the case of DePuy, it appears that there were no long term studies regarding the wear and tear of the implant before the product was released into the market. Perhaps DePuy and Johnson & Johnson hoped that the chromium and cobalt metal parts in the hip implant would not pose a problem to potential patients.
As a result, Judge Katz is responsible for coordinating all pretrial discovery and litigation concerning the nature of DePuy’s defective hip implant to promote judicial economy, prevent duplication of the same discovery in hundreds of cases, prevent the potential for hundreds of judges each individually ruling on the same issue, and to prevent inconsistent judicial rulings from these judges. The DePuy hip recall multi-district litigation (MDL) is a great way to streamline the DePuy hip recall litigation, conserve judicial resources, and save the parties money.
Most DePuy hip recall patients have had a single DePuy hip replacement. However, many times, an orthopaedic patient will require both hips to be replaced in a surgery called a bilateral hip replacement surgery. Unfortunately, for those patients who have had a bilateral hip-replacement surgery with the recalled DePuy hip implant, the recall is twice as troubling because these patients will require more extensive surgery to remove the two DePuy hips.
As a New Jersey and Philadelphia
One of the questions patients have asked is, “What is the defect that is causing these implants to fail?” Not surprisingly, DePuy Orthopaedics is not telling its DePuy hip implant patients anything of substance regarding why these DePuy hip implants are failing and why they have issued this hip recall. But, DePuy won’t be able to keep its secrets for long. Ultimately, because of the lawsuits, DePuy representatives will have to testify, under oath, about the hip recall. Then, DePuy hip implant patients will finally learn the truth.
If you are a victim of the