Johnson & Johnson and DePuy Orthopaedics Inc. are now facing more than 2,000 defective medical device lawsuits over the DePuy ASR metal ASR hip systems that were recalled after they experienced a higher failure rate than expected after implant. Many DePuy hip replacement patients have reportedly experienced joint dislocation, swelling, pain, and, in some cases, systemic damage to the thyroid, central nervous system, or heart. Many users have also had to undergo second hip replacement surgeries because their DePuy medical device failed.
It was last year that DePuy Orthopaedics and Johnson & Johnson recalled about the ASR Hip Resurfacing Systems and the ASR XL Acetabular Hip Replacement devices (that's about 93,000 products). The announcement came after the National Joint Registry of England and Wales reported that within five years of implant, one in eight patients underwent revision surgery to replace the device. There is also concern that toxic metals from the recalled DePuy hip system are showing up in some patients' blood. If you or someone you love has experienced any of the complications mentioned above after being implanted with a DePuy hip replacement device, do not hesitate to contact our Anaheim defective medical device law firm immediately.
With so many people filing their products liability complaints against J & J, there is no doubt that the manufacturer is concerned about liability costs. Legal experts are saying that as a result, DePuy has retained the services of Broadspire Services Inc., a third party, to pay claims for out-of-pocket medical expenses related to the recall. Some believe that this is J & J's way to limit payments while obtaining medical records and other material that could be used in court.
While recalls are usually directly dealt with by companies and their lawyers, who often will go with a doctor's recommendation on whether a medical device should be replaced or removed, with Broadspire in the picture, it would be up to its doctors to decide whether or not to pay for treatment related to the DePuy medical device. There is concern by some that seeing as DePuy is footing the bill for Broadspire to do this job, conflict of interest may be a factor.
Hip replacement surgery is never easy, and many patients tend to be elderly seniors. Not only is hip replacement a painful procedure, but also recovery, as well as learning to walk with the new implanted device, can take time. In addition, having to undergo another surgery again can take a toll, and there is always risk of health complications and infection when any type of invasive procedure is involved. Contact our Orange County, California DePuy Hip Replacement law firm to request your free case evaluation.
Insight: DePuy's handling of hip recall sparks questions, Fox Business/Reuters, August 21, 2011
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