DePuy Marketed Defective Hip to Younger Population

While the August 2010 recall of the ASR artificial hip system by DePuy Orthopaedics (the orthopedic division of Johnson & Johnson), has significant implications for all patients who received the device, the problems are more severe for younger recipients. The metal-on-metal implant has an early failure rate of 12-13% in the first five years, an issue that can only be addressed with a second “revision” surgery, a more difficult procedure with a lower rate of success and a shorter functional lifespan.

The ASR device was a favored choice among surgeons for younger patients because it was believed the implant had a lower potential for dislocation. Touted as allowing greater mobility, in practice, the smaller prosthetic proved to wear more easily and, in fact, to shed both metal debris and ions. The highest failure rate has been detected in women with an ASR head diameter below 50 mm.

Reports of failing ASR hips escalated markedly from 2006 to 2009. By the time the device was taken off the market, the Food and Drug Administration in the United States had received more than 400 direct complaints and investigations of the implant were underway in both Great Britain and Australia. It is estimated that 93,000 of the artificial joints were implanted in patients globally.

The defective device causes a range of issues including, but not limited to, pain, muscle and and nerve damage, and bone splintering and fracturing. Some patients have been found to have elevated levels of cobalt and chromium in their bloodstream and to be suffering from varying levels of metallic poisoning or allergic reaction. The potential of long-term loss of mobility and on-going medical issues is high, including the loss of opportunity for future hip replacements.

DePuy didn’t just make a defective implant, they engaged in deceptive marketing practices to sell it to a younger population that is now looking at life-long disabilities and big medical bills. Although DePuy has made an offer of compensation, in practice the company has sought to pay a patient’s out-of-pocket expenses only, letting private insurance and Medicare bear the brunt of the financial burden.

In younger patients a greater degree of damages are owed for pain and suffering, future expenses, and potential loss wages and quality of life. Every case is unique, but no one should sign any paperwork from DePuy, especially the medical release to hand over confidential records and to surrender the defective device, without first speaking to a hip replacement lawyer.

For more information on the DePuy hip recall, contact a hip recall lawyer immediately. You will want to find a hip replacement recall attorney that will be able to assist you or your loved ones to the best extent of the law.