Last month, an analysis of data from the National Joint Registry for England and Wales found that all-metal
hips were failing early at three times the rate of those made from metal and
plastic. Earlier this year, the agency said it had received around 5,000
adverse event reports related to all-metal hip replacements since January, more
than it received in the previous four years combined. The majority involved the
recently recalled DePuy ASR hip implant. Carrie Patrizi filed a DePuy hip lawsuit against DePuy Orthopaedics Inc. and Johnson & Johnson Services in
the Eastern District of Texas, alleging the
company knew the ASR XL Acetabular Hip
Replacement devices were prone to
fail within two years, even though the device is promoted as lasting over 15
years.
Patrizi had hip
replacement surgery in 2009 and the defendants voluntarily recalled the ASR
devices in 2010. In the lawsuit, Patrizi said she would not have had the
implant if she had known that she would have to undergo a second surgery to
remove the hip replacement. According to the lawsuit, Patrizi accuses DePuy and
J&J of negligent misrepresentation, intentional misrepresentation,
negligence, design defect, strict products liability, inadequate warning,
failure to adequately test, failure to conform to representation, breach of
express warranty, fraudulent concealment, and breach of implied warranty. It
appears that the complications with the DePuy ASR hip may be linked to defects
in the design of the hip implant. Orthopedic experts have suggested that the
component has a narrow window for proper placement, which could explain the
higher-than-expected DePuy ASR hip failure rate when compared with other types
of hip replacement implants.
Patrizi is seeking damages for bodily
impairment, medical expenses, loss of earnings, loss of consortium,
disfigurement, pain and suffering, mental anguish, emotional distress, punitive
damages, attorney’s fees, interest and court costs. Patrizi may have a strong
case based on the fact that she received an ASR hip transplant and that the
transplant was removed, now giving her physical evidence of the defective hip.
The vast majority of these reports (over 90% of those reported in 2009)
involved the need for a surgical hip revision after a DePuy ASR hip
replacement.
