DePuy Tries to Limit Their Own Suffering

In August 2010, a DePuy ASR hip recall was issued for approximately 93,000 defective implants after data confirmed that the device has an unreasonably high rate of hip failure, often requiring individuals to undergo a second surgery to revise the original hip replacement. Shortly after the DePuy ASR hip system was introduced in 2005, DePuy Orthopedics began receiving a number of complaints of problems and complications associated with early failure for the metal hip implants. The hip replacement can fail within only a few years of surgery, causing pain and leading to complicated and expensive DePuy hip revision surgery. In August 2010, Johnson & Johnson's subsidiary DePuy Orthopaedics finally agreed to recall DePuy ASR hip implants. Data from the National Joint Registry of England and Wales found that the DePuy ASR Hip Resurfacing System had a 12% revision rate and the DePuy ASR XL Acetabular System had a revision rate of 13%.



DePuy is attempting to limit their exposure by encouraging patients to proceed with revision surgeries under their own health insurance or Medicare. They are also asking patients to sign medical releases and agreements to return the defective hip implants for testing. A problem may arise in that asking Medicare to pay for procedures that should be covered by third parties such as defective medical device manufacturers may violate the Medicare Secondary Payer Statute and subject the patient to additional costs. Also, signing a medical release or turning over a defective medical device may severely limit a patient’s potential to file a DePuy Lawsuit for damages.

A federal judge has ordered all parties involved in the DePuy ASR recall litigation to preserve any of the removed hip replacements so that they may be used as evidence in the lawsuits. The evidence preservation order was handed down on April 6, 2011 by U.S. District Judge David A. Katz, who is overseeing the growing number of DePuy ASR hip replacement lawsuits that have been centralized and consolidated as part of a multidistrict litigation in the U.S. District Court for the Northern District of Ohio. Those suffering from the adverse effects of DePuy hip failure are advised to consult with an experienced DePuy lawyer immediately.