Parker McDonald and Harrison Davis Steakley Morrison have teamed together to form what we believe is the most dynamic and effective DePuy hip implant litigation and trial team in the country. We have decades of experience and an outstanding record of many, excellent successes in representing victims of defective drugs and medical devices. Our DePuy hip implant attorneys have committed the substantial financial and manpower resources of both our firms to the cause of the innocent victims of DePuy hip implants, including the DePuy ASR and DePuy Pinnacle.
On March 6, 2010, DePuy issued a warning to surgeons in the United States that its ASR hip implant had a higher than expected failure rate. This warning was finally provided a year after DePuy was presented with findings that the ASR implant was failing early and required revision surgery. Shockingly, the March warning letter came nearly three months after DePuy voluntarily withdrew the ASR hip implant from the Australian market in December 2009. DePuy continued to promote and sell the ASR hip implant in the United States for over six months after the Australian withdrawal before finally recalling the ASR device in the United States in August, 2010.
Estimates are that as many as 93,000 patients worldwide were implanted with the DePuy ASR hip implant. DePuy itself estimates that at least 13 per cent of these patients will experience product failure and will require revision surgery to remove and replace the defective hip implant device.
DePuy Orthopaedics, Inc. has also received complaints regarding the DePuy Pinnacle Acetabular Cup System, which was introduced in 2000. Although a recall has not been issued for the DePuy metal-on-metal Pinnacle hip implant, the FDA has received hundreds of complaints from Pinnacle patients who are experiencing similar problems to those who received the recalled ASR device. Some of these problems include high levels of Chromium and Cobalt in the blood, severe pain, and hip implant failure.
Revision procedures will be performed on a predominantly elderly patient population particularly susceptible to potentially severe complications such as deep vein thrombosis, systemic infection, implant dislocation, injury to the arteries or nerves of the leg, shortening of the leg, fat embolism, femur fracture, permanent loss of range of motion and intractable pain. These patients have substantial claims for damages for pain and suffering, mental anguish, physical incapacity, disfigurement, future medical expenses and costs of future care.
It is vital that patients with a DePuy metal-on-metal hip implant consult with us before revision surgery to remove and replace the failed device. It is critical that the patient does not sign the release that DePuy’s agent, Broadspire, may require as a condition of paying any part of the cost of revision surgery. In addition, it is important that the patient undergo blood tests for chromium and cobalt levels before revision surgery. Finally, it is also important that the patient provide the surgeon with written instructions concerning the preservation of tissue samples and the retention and possession of the explanted hip imapnt before the revision surgery. You can learn more at our DePuy Hip Implant Recall FAQs.
Contact the hip implant lawyers of Parker McDonald and Harrison Davis Steakley Morrison today if you have received a DePuy metal-on-metal hip implant, you may have a claim against DePuy and need to act now.
For more information:
- NY Times: Metal Hips Failing Fast, Report Says
- Insight: DePuy’s handling of hip recall sparks questions
- Study of Medical Device Rules Is Attacked, Unseen
- NY Times: In Medicine, New Isn’t Always Improved
- NY Times: Hip Makers Told to Study More Data
- Senate Testimony of an ASR Hip Implant Recipient
- Johnson & Johnson reaches for a Band-Aid
- NYTimes: With Warning, Hip Device is Withdrawn
- NYTimes: Johnson & Johnson Recalls Hip Implants
- FDA Metal on Metal Hip Implants Site
- NY Times: The Implants Loophole
- Bloomberg: J&J Hip Implant Failure Rate as High as 49 Percent