Feb. 19, 2011: Preservation Protocol being Developed for Recalled DePuy Hip Implants

We recently wrote that representatives of Johnson & Johnson's DePuy Orthopaedics unit have allegedly been attending revision surgeries to remove defective hip implants from surgical rooms. Some believe the implications of removing medical devices from surgical rooms points to an attempt to prevent evidence being used in legal proceedings. Now, the pharmaceutical giant and lawyers suing J&J over recalled hip implants are working on a process to preserve and handle devices removed from patients' bodies.

This summer, DePuy hip implant devices—the ASR Hip Resurfacing System and the ASR XL Acetabular System—were recalled following numerous complaints from patients and doctors over pain, discomfort, flexibility issues, and ambulation problems. The devices were experiencing higher-than-normal failure rates that have forced patients to undergo removal of the defective implant and reimplantation with a different device in revision surgery procedures.

A design flaw in the metal hip cup is causing some of the problems. Also, physicians have noted that the metal-on-metal implants disburse shards that have left patients with masses in body tissue and increased blood cobalt levels. According to Bloomberg.com, 37,000 ASR XL Acetabular Systems, alone, have been implanted.

Attorneys for DePuy and the plaintiffs are collaborating on how to deal with hips and area body tissue removed in surgical procedures. The cobalt and chromium debris released to the body from the defective metal-on-metal implants can lead to tissue death, bone fracture, and other adverse reactions. Surgically removed devices can indicate how much metal debris was released from the devices.

While plaintiff attorneys are hoping for a process in which to ensure capture of the devices immediately following surgery, Mindy Tinsley, a spokeswoman for DePuy argues that the so-called explants are the property of the patient and "the patient's surgeon should take appropriate steps to preserve" the removed device. In September, DePuy wrote to hospitals and surgeons, providing information on how to preserve explanted, or removed, ASR Hip Systems, said Tinsley, added Bloomberg.com.

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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