A class action lawsuit has been filed against DePuy Orthopaedics for its faulty hip implants. The two implant systems are the ASR™ XL Acetabular System (sold worldwide) and the ASR™ Hip Resurfacing System (sold only outside the United States). DePuy is a unit of Johnson & Johnson.
The two systems are, reportedly, prone to early failure. Normal hip implants are expected to last from 10 to 15 years. There have been reports that the two DePuy systems have been failing after only two to three years in 12 to 13 percent of the patients receiving them. DePuy has sold 93,000 of the hip implants around the world. Potentially thousands of persons will be filing claims against the company.
The firm bringing the class action is working with a team of doctors, nurses and others who will be working on behalf of each patient to investigate the reasons for the failures. The causes for each case of failure are unique, but generally DePuy hip implant lawsuits are for patients who say they’ve been experiencing pain, having trouble walking and need revision surgery to remove and replace the implants.
Indications of a failing implant include pain, swelling, the sensation that the implant is out of place, difficulty rising to a standing position when sitting and clicking or popping noises when walking. Continuing symptoms can indicate that the bone around the implant has fractured, that the implant has loosened, or that the ball and socket have dislocated.
The claim states that DePuy patients have been deceived about the cost of fixing the failed hips. To even be considered for reimbursement of medical costs, patients had to release their medical records, while DePuy refuses to release their findings to the patients. Thus, patients and their representatives cannot have access to crucial evidence regarding the defective products.
The class action also claims that by requiring patients to release their medical records to be even considered for reimbursement, patients were led to believe they would be repaid.
Members of the class might be entitled to reimbursement for revision surgeries, economic as well as other damages and payment for medical monitoring procedures such as X-ray evaluations, blood tests for cobalt and chromium in the blood, MRIs and ultrasounds.
For more information about the DePuy hip implant recall, or to speak with an attorney about your situation, contact a hip implant recall lawyer today.