Feb. 17, 2011: Canadian Class Action Alleges that DePuy Consistantly Failed to Disclose Risk of Hip Implant Failure

A recent Canadian class action lawsuit against defective hip device maker DePuy, a unit of Johnson & Johnson, alleges that DePuy "...consistently failed to disclose or warn Canadian patients of the significant risk of failure of the DePuy implants." Reports about the growing problems with the devices started surfacing in 2007. At that time, the Australian Joint Registry, the second largest such registry in the world, issued seven reports to DePuy.

In late 2009, the ASR system was withdrawn from the Australian market, but it took until March 2010 for DePuy to admit that its device was subject to early failure, and until August for DePuy to recall the ASR System internationally. The DePuy recall involved a massive 93,000 hip replacements impacting patients world-wide. Still, many patients remain unaware of the recalls and that they could be implanted with a device that has or could, potentially, fail.

Meanwhile, lawsuits nationwide are beginning to mount and Canada has recently reported a number of class action and individual actions against the defective device maker. In Canada, an existing plaintiff is looking to bring a class action against DePuy alleging that she is "concerned about the possibility of an early revision surgery and her blood ion levels as a result of her DePuy hip implant," according to the existing action.

A design flaw in the metal hip cup is responsible for some of DePuy's problems, but another growing problem some physicians have noted is that the metal-on-metal implants disburse metal shards that have left patients with masses in their body's tissues and increased blood cobalt levels. Periprosthetic metallosis—release of metal debris into the body—can create increased risks in revision surgery and can lead to a number of adverse and serious reactions that include irritability, fatigue, tinnitus, vertigo, blindness, deafness, and cardiomyopathy, to name just some.

If you have been implanted with one of these defective devices, you should immediately seek advice from a lawyer that is knowledgeable about the DePuy hip implant recall and the injuries associated with these hip implants. For a free consultation with such an attorney, complete the form to the right or call 212-566-1000.  Based in New York City, Sullivan & Brill, LLP represents clients throughout the United States.

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