DePuy Hip Implants
Preserve Your Claim
Given that DePuy appears to be fighting long and hard through the early certification-stage of this action, we anticipate many more battles in future and unfortunately, more time to pass before coming to a resolution of this matter. In order to ensure that you have the proper documentary evidence to support your claim if this matter is successful, you should ensure your medical records (or the medical records of the estate you represent) are intact and available. Doctors and hospitals are only required by law to keep patient records for a limited amount of time. In Ontario, for example, doctors are required to keep records for approximately ten years. You would be well advised to inform your healthcare providers of your need for these records in the future and/or to obtain copies.
Johnson & Johnson Recalls 93,000 Hip Implants
Johnson & Johnson, and its DePuy Orthopaedics subsidiary, recently announced that it is recalling parts used for certain hip replacements. At issue is the high rate of repeat surgeries needed by people who have received the implant. An estimated 93,000 people will be affected by Johnson & Johnson’s latest product recall. Health Canada will be monitoring the recall in Canada. The Toronto law firm of Stevensons LLP filed a claim on December 3, 2010 against Johnson & Johnson and related companies on behalf of persons in Canada who have had a DePuy hip device implanted. We are now pursuing certification of the class action. Depuy ASR hip replacement patients may be eligible for compensation due to the injuries they have suffered as a result of being implanted with the defective device. Compensation for past and future pain, suffering, medical bills, lost earnings, and disfigurement are among the damages that the patients may be entitled to recover. Our firm handles cases on a contingent fee basis. If there is no recovery, there is no fee. If you are interested in learning more about the action please complete and return the questionnaire at the bottom of this website. Affected hip replacement parts involved in the recall include the DePuy ASR XL Acetabular System and the DePuy ASR Hip Resurfacing System. Patients who reported problems in the first five years and had revision surgery reported a variety of symptoms, including pain, swelling and problems walking. Other symptoms that may indicate a serious problem with the hip replacement parts include:
• Loosening – when the implant does not stay attached to the bone in the correct position; • Fracture – where the bone around the implant may have broken; • Dislocation – where the two parts of the implant that move against each other are no longer aligned; and • Metal debris – where metal particles from the component parts moving together spread around the hip area.
Since 2005 four incidents were reported to Health Canada regarding the devices from patients or their doctors about the early failure of the device (most people don’t complain to Health Canada, so this indicates that the problem is much larger). Published articles detailed the design problems with the device prior to the DePuy hip recall of the ASR hip systems. Hundreds of Adverse Event Reports to the FDA in the United States confirmed what the studies showed. The product was withdrawn from the Australian market in December of 2009. On May 25, 2010 a Medical Device Alert was issued in the UK for the DePuy hip.
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