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Hip Implants – DePuy ASR™ Hip System Recall Litigation

On August 26, 2010, DePuy Orthopedics, Inc., a division of Johnson & Johnson, announced a worldwide recall of two hip implant systems – the ASR™ XL Acetabular System and the ASR Hip Resurfacing System.   DePuy has estimated that 93,000 total devices have been implanted worldwide. If they have not already experienced hip failure, patients with these implants may now need to undergo costly and painful revision surgery.

The XL Acetabular System is a hip socket used in traditional hip replacement, while the ASR™ Hip Resurfacing System is a partial hip replacement system that involves placing a metal cap on the ball of the femur.

The New York Times reported in March 2010, for more than two years, the Food and Drug Administration (“FDA”) has been receiving complaints that the devices subject to the announced recall have a high failure rate.  In fact, since the beginning of 2008, the FDA reportedly received over 400 complaints involving United States patients. The data now revealed shows the five year revision rate for the ASR™ XL Acetabular System is approximately 13 percent, and for the ASR™ Hip Resurfacing System the revision rate is approximately 12 percent.  These revision rates are across the entire size range of the devices. The risk for revision is reportedly the highest with ASR head sizes below 50 mm in diameter and among female patients.  The ASR systems have been under increasing scrutiny reportedly due to their metal-on-metal bearings which can generate debris from wear, in turn causing tissue damage and inflammation in some patients.  In the fall of 2009, DePuy began “phasing out” the use of the ASR implant systems.

DePuy has recommended that patients implanted with the affected devices visit their doctors for an evaluation and monitoring.  DePuy has also said that it would pay “reasonable and customary” medical costs associated with its recall, including further surgery.  However, that may not be nearly enough to cover the significant expenses, pain and continued suffering experienced by patients.  Patients have suffered, and will continue to suffer severe injury, disability, lost wages, physical and mental pain and suffering, and possible death as a result of the defective implants.  Of course, the spouses of patients are also affected.

Wexler Wallace represents dozens of individuals affected by DePuy’s defective hip implant systems. We are dedicated to protecting the legal rights of patients affected by this recall, and we are prepared to devote our substantial resources through trial.  We have represented thousands of victims of defective medical devices, defective drugs, and consumer products in cases throughout the country, generating hundreds of millions of dollars in recoveries for our clients and the classes we have represented.

If you believe that you or a loved one may be affected by this recall, please contact us at (312) 346-2222.

We maintain the confidentiality of all inquiries and information provided.