DePuy Orthopaedics, Inc., a subsidy corporation of Johnson and Johnson, has issued a recall for its ASR XL Acetabular System, which is metal hip, ball and socket replacement system that was released to the medical market in 2003 and the DePuy ASR Hip Resurfacing System, which was only sold outside the United States. This recall is due to a usually high amount of patients requiring a second or "revision" hip surgery after the ASR XL was installed thanks to unforeseen complications including pain, difficult walking and total failure of the hip replacement system. DePuy litigation is underway in a large number of states in an effort to recover patient costs for testing, surgery and replacement hip systems.
In addition to the ASR XL, which features a metal-on-metal, ball and socket construction, DePuy also supplies the Pinnacle Acetabular System, which features a ceramic, cobalt-chromium or plastic lining inside the acetabular cap. This system was released in 2001 but no recall has been issued for it by the company, despite problems experienced by many patients. DePuy litigation is now being undertaken not only by those who have been affected by the ASR XL system but by those who have complications from the Pinnacle system in order to recover reasonable costs for their expenses.
DePuy has said that it will pay for these "reasonable expenses" but will not advance the cost of treatment or testing for any of its hip systems – whether they are recalled or not. The company has hired a firm to deal with their claims processing but the onus falls on the patient to not only prove that they possess a hip replacement made by DePuy but that it falls under the recall notice and that they have taken appropriate steps to have their issue resolved medically. DePuy has not announced exactly what treatments it will cover or to what degree, meaning that even those with completely failed ASR XL systems, compensation may be difficult to obtain.
The first step for anyone who has received a Depuy hip replacement device is to visit with your doctor in an effort to determine whether or not the patient was implanted with a recalled model and to determine whether or not the device is causing any issues health issues that need to be addressed. If in fact you have been damaged by this product then it is certainly in your best interest to get advice on your legal rights before those rights are lost due to the statute of limitations. If you have questions about your legal rights to recover for damages caused by a defective hip implant contact us today for a free consultation.