It might be easy for a lot of us to forget about a recall after months have passed. Still, we’re not the ones who have suffered serious complications or endured constant pain and the burden of additional hip surgery to correct a problem that shouldn’t have existed in the first place.
DePuy Orthopaedics, Inc., a Johnson & Johnson’s company, launched a recall for ASR XL Acetabular Systems and DePuy ASR Hip Resurfacing Systems in 2010. However, some patients are likely to pay the physical and emotional still, not to mention financial, toll.
The DePuy hip replacement device recall was initiated after numerous patients required a second hip replacement procedure or revision surgery because their replacement hip implant failed or they experienced atypical side effects. [1]
According to the National Library of Medicine, one in 75 patients typically needs a hip or knee prosthesis revision within three years. This is about 1.33%. [2] According to a study by the National Joint Registry, about 12 to 13 percent of patients who received a DePuy hip replacement needed to have it replaced within the first three years of receiving it.
This was due to a higher-than-expected failure rate of the implants, which led to patient discomfort and the need for revision surgery. The recall of the DePuy ASR XL Acetabular System and DePuy ASR Metal Hip Resurfacing System in 2010 affected many patients who had received these implants and suffered from complications. [3]
According to a CNNMoney article, DePuy stated back in 2010 that it planned on covering “reasonable and customary costs” of monitoring and treatment for services relating to recalled hip implants for failure and complications, including revision surgeries. With that being said, patients still don’t have a solid guarantee that they will be fully compensated for what they have had to pay for and endure. [4]
Hip Replacement Complications and Symptoms
Many patients who have had a DePuy hip replacement system implanted have experienced severe pain, difficulty walking, instability, swelling of the joint, loosening of the metal implant, and metal poisoning. Revision surgery is necessary for some of these patients to correct the problem.
Unfortunately, revision surgeries often come at a hefty cost and are not always fully covered by insurance companies. This can leave patients thousands of dollars in out-of-pocket expenses and a long road to recovery.
Complications That May Arise With a Depuy Hip Replacement Are:
Managing Pain and Inflammation
One of the most giant red flags of a faulty DePuy hip implant is joint pain or chronic pain and discomfort in the hip or thigh bone area. Patients may experience pain during physical activity or even while sitting or lying down. This pain may radiate to the groin, thigh, or buttock area.
Your doctor may prescribe painkillers or anti-inflammatory drugs to manage these symptoms. You can also apply ice or a heating pad to the affected area to reduce inflammation.
If you are experiencing pain or discomfort in your hip after the surgery, it is important to seek medical help as soon as possible. Follow your doctor’s advice on whether to use ice or heat. Following a physical therapy regimen is essential to aid in healing and recovery. You may be advised to perform exercises to strengthen your hip muscles and reduce pain.
Implant Loosening
If you experience implant loosening, you may need revision surgery. Implant loosening can occur due to poor surgical technique, everyday wear and tear, bone loss, or infection. Revision surgery is necessary to replace the loosened implant with a new one. Your doctor will assess the extent of the problem and determine whether revision surgery is needed.
Limited Mobility
A faulty DePuy hip implant can also lead to difficulty walking or standing. Patients may feel unstable or wobbly while trying to walk. Some may even experience a limp or struggle to lift their leg. If you are having difficulty walking or standing, it may indicate a problem with your implant, and you should seek medical help immediately.
Patients may find it hard to move their leg or may have difficulty performing simple tasks such as bending over to tie their shoes. Limited mobility can have a significant impact on quality of life. If you are experiencing limited mobility, it’s important to see your doctor for an evaluation.
Bone Fractures
In rare cases, a bone fracture may occur around the implant. This can happen due to weak bones or an accidental injury. If you experience a bone fracture, your doctor may recommend immobilization or additional surgery. Immobilization involves using a brace or cast to keep your bones in place while they heal.
Popping or Clicking Sounds
Another warning sign of a faulty DePuy hip implant is popping or clicking sounds. Patients may notice a grinding or rubbing sensation in their hip. These sounds or sensations may be present during movement or may be felt while at rest. If you experience any of these symptoms, contact your doctor for an evaluation.
Swelling
Swelling in the affected area is yet another symptom that could indicate a faulty DePuy hip implant. Patients may notice swelling in the hip, thigh, or groin area. This swelling can be accompanied by redness or tenderness around the implant site. Seek medical help immediately if you experience any of these symptoms.
Metal Toxicity
Patients may experience metal toxicity from the metal-on-metal hip implant. Metal toxicity occurs when metal ions enter the bloodstream and cause nerve or muscle damage and soft tissue damage. Symptoms of metal toxicity may include pain, inflammation, and a metal taste in the mouth. If you experience these symptoms, contact your doctor immediately. They may order a blood test to check the metal levels in your blood. In severe cases, surgery may be required to replace the implant.
Dislocation
Dislocation of the hip joint implant can lead to intense pain and discomfort. Dislocation can occur due to sudden twisting, bending, or jerking movements in the hip. If you experience dislocation, contact your doctor immediately. You may need to undergo a procedure to reposition the implant.
Suppose you are currently experiencing complications from your Depuy hip implants. In that case, it is important to consult with your doctor and seek the advice of a qualified lawyer who can help you understand your legal options and pursue justice. Don’t hesitate to contact Shook & Stone today for help with your case.
The Statute of Limitations for DePuy Hip Replacement Lawsuits
Patients affected by the recall may have limited time to take legal action. The statute of limitations for filing a DePuy hip replacement lawsuit varies from state to state, but generally, patients have one to two years to file their claim.
It’s important for all patients affected by the recall who are considering taking legal action to speak with an experienced product liability lawyer right away to ensure their rights are protected.
How Much Compensation Will I Get For a Recalled Hip Replacement?
The compensation a patient affected by the DePuy hip replacement recall can receive varies greatly depending on their circumstances. Those who have had to endure additional surgeries and medical expenses may be eligible for compensation to cover their costs.
They may also receive financial compensation for hip pain and suffering, mental anguish, and other damages resulting from their experience. In addition to the medical bills, patients may be eligible for compensation for lost wages if their recovery forced them to take extended time off from work.
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How to File a DePuy Hip Replacement Lawsuit and Maximize Your Chances of Success
You are not alone if you or a loved one has experienced complications from a DePuy hip replacement system. Filing a lawsuit may be necessary to seek justice and compensation for any pain, suffering, and medical expenses incurred as a result of these complications. Here’s how to file a DePuy hip replacement lawsuit and maximize your chances of success.
Legal Criteria
Specific legal criteria must be met to qualify for a DePuy hip replacement lawsuit. These criteria may include proof that the DePuy hip replacement caused injury, a defect in the design or manufacture of the hip replacement system, or that DePuy failed to warn patients of potential risks associated with their product—Contact Shook & Stone to evaluate your case and determine if you meet the necessary legal criteria.
Filing Process
Filing a DePuy hip replacement lawsuit can be complex, but a qualified attorney from Shook & Stone can guide you through each step. The first step involves gathering all relevant medical and financial records, including proof of the implant and any subsequent medical treatment. Your attorney will then file a claim and negotiate with DePuy and their legal team. If a settlement cannot be reached, your attorney may proceed with a trial to seek compensation on your behalf.
Lawsuit Expectations
Patients filing a DePuy hip replacement lawsuit can expect the process to take several months or even years to resolve. During this time, there may be further medical evaluations and testing to prove the extent of your complications. It is essential to remain patient and trust in the legal process. If successful, you may be entitled to compensation for medical expenses, lost wages, pain, suffering, and punitive damages in some instances.
Meet our Personal Injury Attorneys
Having hip replacement surgery in the first place is a lot to deal with; having corrective surgery after that because of poor metal hip implant design is another story. The Las Vegas DePuy hip implant attorneys at Shook & Stone have years of experience in product liability law relating to defective, poorly designed, and mismarketed products that have caused consumer injury, illness, or death.
We are here to protect your rights and help you hold negligent manufacturers legally responsible for their oversight. Contact our law firm today for a free consultation by calling 702-570-0000.
Sources:
[1] DePuy ASR Hip Recall – System Revisions & Recall Information. (n.d.). Drugwatch.com. https://www.drugwatch.com/hip-replacement/depuy/recall/
[2] Sibanda, N., Copley, L. P., Lewsey, J. D., Borroff, M., Gregg, P., MacGregor, A. J., Pickford, M., Porter, M., Tucker, K., & van der Meulen, J. H. (2008, September 2). Revision Rates after Primary Hip and Knee Replacement in England between 2003 and 2006. PubMed Central (PMC). https://doi.org/10.1371/journal.pmed.0050179
[3] Welcome to NJR. (n.d.). Welcome to NJR. https://reports.njrcentre.org.uk
[4] Business News – Latest Headlines on CNN Business | CNN Business. (n.d.). CNN. https://www.cnn.com/business
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