DePuy Hip Implant Recall Lawsuits

Organized by the lawyers at Anapol Schwartz. © 2004–2010 All Rights Reserved.

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DePuy Hip Implants, Injuries, Problems, and LawsuitsContents

About the ASR Hip Replacement Cup • 2

What Injuries Did ASR Hip Replacement Cup Cause? • 2

What Are the Medical Problems Associated with the •ASR Hip Replacement Cup Recall? 3

What Are the Financial Problems Associated with the •ASR Hip Replacement Cup Recall? 4

What Is the Emotional Upheaval or Mental Health Problems •Associated with the ASR Hip Replacement Cup Recall? 5

Why Do Hip Implants Fail? • 6

Do You Have a DePuy Hip Recall Lawsuit? • 7

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DEPUY HIP IMPLAnTS, InjURIES, PROBLEMS, AnD LAWSUITSCopyright © 2004–2010 All rights reserved. Anapol Schwartz.Read more information online at www.anapolschwartz.com.

In September 2010, DePuy Orthopaedics, a division of johnson & johnson recalled its ASR™ XL Acetabular hip implant system world-wide. Thousands of patients (1 in 9) will be negatively impacted be-cause of the recall, if they had a DePuy hip implant after 2003.

Revision surgery or a second surgery to correct the hip implant recall is more complex and outcomes are not as good as the initial surgery.

This document explains what injuries may have occurred, what the encompassing problems are, and how retaining a lawyer could be in your best interest.

About the AsR hip ReplACement Cup

designed so a patient’s bone grows into the •back of the cup to secure it

failed: loosening caused by a lack of •bone in-growth into the cup

criticized by experts for poor design •

did not undergo clinical trials but instead was •cleared through regulatory pathway

replacement surgery required within 5 years or less •(non-recalled implants usually last 10 to 20 years)

WhAt injuRies DiD AsR hip ReplACement Cup CAuse?

swelling of joints•

pain in muscles and joints•

inability to walk, loss of balance •

deformity•


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WhAt ARe the meDiCAl pRoblems AssoCiAteD With the AsR hip ReplACement Cup ReCAll?

Metal debri• s can be absorbed by soft tissues and in the bloodstream causing severe inflammation, pain in muscles and joints, headaches, mental confusion, short-term memory loss, gastrointestinal upsets, food intolerances/allergies, vision problems, and chronic fatigue.

Revision surgeries or second surgeries •are not as successful as original surgeries; the patient is older.

Recovery and rehabilitation the second time •around is more difficult and requires more time to recover.

Hip replacemen• t surgeries are invasive; additional risks include anesthesia and infection.


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WhAt ARe the FinAnCiAl pRoblems AssoCiAteD With the AsR hip ReplACement Cup ReCAll?

How does DePuy determine reasonable costs? •

How much do • revision surgeries cost? Hypothetically, $50,000…

What if a person was employed during the first hip surgery •and work-related health insurance paid for most of the surgery? What if that same person is no longer employed and has no current health insurance? Who pays? What is considered reasonable without health insurance?

With the current unstable economy, what if the patient •cannot afford another hip replacement surgery?

Does the patient have to pay the bills first •before being reimbursed by DePuy? If yes, how long does reimbursement take?

Does Medicare or Medicaid have to pay the •bills first before being reimbursed by DePuy? If yes, how long does reimbursement take?

Is the patient going to be left with a mountain of •medical bills? Will you have to declare bankruptcy?

My husband is now unemployed. We cannot afford to •take on any more major medical bills. How does DePuy make the hip replacement recall wrongs right?





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WhAt is the emotionAl upheAvAl oR mentAl heAlth pRoblems AssoCiAteD With the AsR hip ReplACement Cup ReCAll?

My job is unstable. What if my employer doesn’t want me 1. to take many weeks off again?

How can something like this happen? A 2. hip replacement recall requires invasive surgery. Why did the FDA approve it? This isn’t like an over-the-counter medicine that you just throw in the trash or get a refund. I’m angry and fearful. What can I do?

My first hip replacement surgery was quite painful. I don’t 3. want to go through another one so soon.

I got an infection while I was in the hospital for my original 4. DePuy hip surgery. My stay was extended by many days and I needed lots of antibiotics. How do I know this won’t happen again? Would this be considered as reasonable costs?

My mother is older and frailer. I don’t think she can handle 5. another surgery. What are her options?

My family put their lives on hold caring for me last time. 6. Some have moved on and some have moved. Who will take care of me during a second surgery?

Does DePuy pay caregivers? Is that considered reasonable 7. costs?

If DePuy is offering a hip replacement solution, why couldn’t 8. they get it right the first time? Why should I trust them a second time?

Can the thousands of us who need a second 9. hip replace-ment file a class action lawsuit?




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Why Do hip implAnts FAil?

Loosening—Implants are held in place by cement, plastic, or •metal. Friction of joint surfaces wears away surfaces of the implant, creating tiny particles which loosen or destroy the bond holding the implant.

Infection—Bacteria can adhere to metal or plas-•tic implants and serve as a breeding ground.

Dislocation—The hip implant can migrate or pop out •of its normal position affecting one in 50 patients.

Etc.—Younger and more active patients have a higher •rate of revision. Obese patients have a higher incidence of wear and loosening. Patients whose primary surgery was performed for inflammatory arthritis and patients with a previous hip fracture are at higher risk for loosening.


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Do you hAve A Depuy hip ReCAll lAWsuit?

Facing hip implant recall surgery caused by a recalled medical device is not going to be simple or inexpensive.

The patient will face pain and suffering and he or she and his or her family will be challenged emotionally, physically, and financially. The patient’s quality of life is at risk. Why?

because Depuy manufactured a medical device mired in product negligence.

Lawsuits allege that the company knew about high failure rates and metal toxicity long before initiating the recall and failed to warn patients about DePuy hip replacement injuries, and the need to endure another expensive, painful, and havoc-wrecking surgery.

Thousands of lawsuits are expected to be filed. You may be entitled to compensation for your injuries including past and future medical bills, lost wages, pain and suffering plus medical monitoring for metal toxicity.

Founded in 1977, Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley is a personal injury firm with more than 25 attorneys and law offices in Philadelphia, Media, Reading, and Harrisburg, Pa.; Cherry Hill, n.j.; and Wheeling, W.Va.

The firm has a multi-faceted practice with a tradition of excellence in medical devices, product negligence, medical malpractice law, pharmaceutical mass tort, toxic tort, consumer fraud, class actions, products liability, automobile, investor claims, and wrongful termination litigation.

Find out if you have a DePuy hip recall lawsuit.



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Health & Medicine

DePuy Hip Implant Recall Lawsuits