DePuy Hip Recall
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DePuy Hip Recall FAQ's

Answers to Frequently Asked Questions About DePuy Hip Replacement Problems

If you have a DePuy ASR XL Acetabular or DePuy ASR Hip Resurfacing System should receive a letter informing you of the recall. The first step is to consult your doctor.

Below we have a compiled a list of frequently asked questions about the DePuy hip recall below. These answers to these questions are not meant to replace personal medical advice and treatment. Remember that both the medical and legal consequences of the DePuy hip recall will depend upon your personal experience with the DePuy ASR Hip Replacement System.

Which DePuy Orthopaedics, Inc. hip replacement systems were recalled?
Only the DePuy ASR XL Acetabular and DePuy ASR Hip Resurfacing Systems have been recalled. The DePuy ASR Hip Resurfacing System was not approved for use in the United States.

When would the surgeries involving the recalled DePuy hip replacements have occurred?
The DePuy ASR Hip Replacement System was approved for use in 2005 and the company began phasing the line out at the end of 2009, but it's possible a hip replacement surgery in 2010 still could have used the system that was part of the DePuy hip recall.

What are some of the symptoms of a failing DePuy hip replacement system?
The DePuy hip replacement problems will differ from person to person and it's important you consult with your doctor even if you haven't had any problems at all. The most severe problems with the DePuy hip replacement, those requiring a second hip replacement, are listed below:
  • Serious Pain
  • Inflammation
  • Loosening of the Implant, with Possible Detachment
  • Dislocation of the Hip Implant
  • Fracture of the Bone Around the Hip Implant

Will I have to have another hip replacement surgery?
If you have experienced problems with your DePuy ASR hip replacement system a surgery for a secondary hip replacement will be likely. In other cases additional tests and monitoring may become necessary.

DePuy is offering to pay my medical bills, do I need a lawyer?
While DePuy claims that it is going to cover "reasonable and customary costs of monitoring and treatment," the simple reality is that a statement of their intention is quite to the contrary. In particular, DePuy has requested that patients submit all of their medical bills to private health insurance, such that DePuy would simply pay co-pays and deductibles. This presents a number of problems.

Under Federal Medicare Regulations, and under ERISA health insurance programs, the patient can actually be responsible for reimbursing the cost of medical treatment if they obtain recovery from a third party. By DePuy offering to pay co-pays and deductibles, as opposed to the entire cost of treatment, DePuy may be creating significant legal liability exposure to the patients who have received the DePuy ASR Hip Replacement System.

Once money any money is received, the co-pays, deductibles, or otherwise, the patient become responsible for reimbursement of the entire cost of medical treatment to Medicare and/or the ERISA health insurance carrier. Medicare and/or the ERISA health insurance carrier have the right to actually file suit against the patient/insured to seek reimbursement. If one has accepted the co-pays and deductibles offered by DePuy, such would simply cover the out of pocket costs, leaving the patient "in the lurch" when they are sued.

Further, DePuy's proposal implies that co-pays and deductibles are the only damages sustained by a victim of its defective hip replacement system. The countless worry, pain, suffering, and aggravation, not to mention time lost from work and the impaired enjoyment of life, are but a few additional elements of damages. In addition, each hip replacement has a decreased life expectancy. For example, one's first hip replacement is supposed to last on the order of fifteen years, the second ten years, and the third eight years, and so forth. By having to replace the initial hip replacement after only a couple years use, DePuy has accelerated the time table for future hip replacement.

In addition, serious medical questions are currently remain unanswered. The high levels of friction in the DePuy hip system releases cobalt and chrome ions into the synovial fluid. To date, there is no clear medical literature to establish what, if any, effect these potentially carcinogenic substances may have upon the human body. Further, owing to the defective DePuy Hip Replacement System, most patients tend to shift their weight to the opposite hip, causing additional problems.

In essence, DePuy would like to have patients sign away their legal rights in return for several hundred dollars of co-pays or deductibles. Such is ludicrous. Legal representation is necessary to protect one's legal rights, obtain adequate compensation, and to ensure that a lawsuit is filed in a timely fashion such that the claim is not permanently barred, owing to the running of the state statute of limitations.

Who can file a DePuy hip recall claim?
Persons with a DePuy ASR hip replacement system implanted between 2005 and 2010.

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