DePuy Hip Recall Lawyers ~
the recall of the DePuy ASR™ Hip Resurfacing System
DePuy Hip Recall
On August 24, 2010, DePuy Orthopaedics Inc., a Johnson and Johnson company, issued a recall for their DePuy ASR™ Hip Resurfacing System. Kerckhoff Law, APC is investigating these cases.
According to DePuy's own data, the five-year revision rate (the need for a second surgery) for the ASR™ XL Acetabular System is 13%, which means as many as 93,000 people could potentially be affected by this recall.
What Are Your Legal Rights?
Patients who have received the defective ASR hip implant should be aware of their legal rights before contacting DePuy Orthopaedics, Inc. or Johnson & Johnson. DePuy has limited its voluntary offer of compensation to the costs of medical care provided. This approach entirely omits the physical pain associated with undergoing an additional, unnecessary surgery, lost wages, and decreased earning capacity.
Because patients who were implanted with this defective device are entitled to complete compensation – not just the amount DePuy decides to offer — it is important to consult with a DePuy hip recall attorney before contacting DePuy Orthopaedics, Inc. or Johnson & Johnson.
You may be experiencing some of these symptoms: pain, swelling, cup loosening, audible popping, and difficulty walking. In addition, friction caused by the metal-on-metal construction causes metal debris to disseminate into one’s body, resulting in elevated levels of chromium, cobalt, and other metals in the blood.
Some of the reasons for patient revisions include:
• Continuing hip, groin, leg, or low-back pain;
• Audible clicking, clacking, or crunching sounds coming from the ASR device;
• The sensation that one's hip is not "in place," especially when starting a movement, such as standing up or starting to walk;
• Marked decline in ability to do physical activities; and
• Increased metabolic activity near the location of the implanted device, as shown on a bone scan.
Unfortunately, your treating physician may be unable to make a definitive diagnosis of ASR acetabular cup failure without performing a revision surgery.
Additional Testing & Monitoring
All patients who have received the ASR system can expect to be informed of the recall and instructed to return to their doctor for a follow-up visit. This recall means you will likely require additional testing and monitoring. You may also require an additional surgery.
Pre-2003 Hip Replacement
The DePuy ASR systems first came on the market in July of 2003. Therefore, if you received a hip replacement before 2003, you are not subject to this recall.
You should contact an attorney immediately to discuss your legal rights. Call Kerckhoff Law, APC today for a free, no obligation legal consultation ~ 1-866-606-3059 ~ or fill out our on-line contact form.
If we agree to take your case, we will handle it on a contingency fee basis. This means there are no legal fees unless we make a financial recovery for you. You may have a valid claim, but time is of the essence. You must bring your claim forward before any time limits or statute of limitations expire.
If you received an ASR hip implant and are experiencing problems, you may qualify for compensation for physical damages, additional surgeries, loss of earnings, and your pain and suffering. Do not contact DePuy Orthopaedics or Johnson & Johnson without first talking to an attorney with experience handling defective medical device cases. It's important that you understand your rights.
Kerckhoff Law, APC, is a San Diego personal injury law firm handling wrongful death, serious personal injury, and premises liability cases in southern California. If you have been injured or have lost a loved one due to another's negligence, contact A. Jason Kerckhoff toll-free at 866-606-3059 for a free confidential consultation.
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