Jan. 10, 2010: Over 40% of Patients with Recalled DePuy Hip Implant Not Yet Contacted by Company

DePuy hip implant devices—ASR Hip Resurfacing System and ASR XL Acetabular System—recently popular for the news being made due to their high failure rate, have been implanted in some 93,000 patients. Among other issues, DePuy—a subsidiary of pharmaceutical giant Johnson & Johnson—did not maintain appropriate records of patients implanted with their faulty devices.

With more than 40 percent of DePuy hip replacement patients not having been contacted by their surgeons, many patients may be suffering the effects of defective implants unaware that they may require "revision surgery," a procedure in which the defective implant is removed and a new device is implanted.

Because of DePuy's inadequate record keeping and because a large percentage of surgeons have not advised patients of the recalled device, tens of thousands of patients are not aware of the DePuy ASR recall. The onus has been left to the patient to determine if they have been implanted with a defective device and require revision surgery.

Of note, revision surgery is long and dangerous and involves reimplantation on a joint that has less bone to work with due to what was removed for the original surgery.

According to the Wall Street Journal, some patients have reported pain and significantly increased blood levels of cobalt ions. Also, said the Journal, some surgeons who have conducted the replacement surgery have reported finding dead tissue masses near the patients' thighs.

The ASR was meant to last at least 15 years, but is failing at very high rates after a few years. Now, one in eight patients need revision surgery within the first five years of the original surgery. Not unsurprisingly, the lawsuits against the defective hip replacement manufacturer are mounting.

Patients implanted with either the recalled DePuy ASR Hip Resurfacing System or the recalled DePuy ASR XL Acetabular System have been experiencing problems that include pain, swelling, and problems walking, with symptoms developing after the surgery and continuing long after healing should have occurred. These issues point to significant problems with the device such as loosening or dislocation of the implant, or fracturing of the remaining bone.

Some patients not experiencing these symptoms might be at risk for other problems. These implants, which are metal-on-metal, could be releasing metal shards as they wear into the patients' bodies. The particles could result in a condition called metallosis in which fluid builds into the joint and muscle, leading to pain, swelling, and damage to nerves, bone, and muscle.

According to Drug Watch, citing information from the National Joint Registry of England and Wales, women are likelier to require revision surgery versus men after having received a DePuy Hip Device. Based on a University of Adelaide, Australia, study, hip size impacts how soon revision surgery is needed, with the risk higher in patients with ASR femoral head sizes less than 50 mm in diameters, a typically female trait.

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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