Have you or someone you know had hip replacement surgery since June 2003 and are suffering pain? If so, you may need the advice of a hip replacement attorney.
Your hip implant may be a medical device that has been recalled. Yes, that sounds gruesome – recalling a joint that is now inside a person’s body.
On August 26, 2010, the DePuy Orthopaedics company, a subsidiary of Johnson & Johnson, issued a voluntary recall of two hip replacement systems. The company stated that: “This recall means additional testing and treatment may be necessary to ensure the hip is functioning well. In some cases, patients may need additional surgery.”
The hip implants are known as the ASR XL Acetabular System and DePuy ASR Hip Resurfacing System. As quoted in this news article, one lawsuit states: “Officials of J&J’s DePuy Orthopaedics unit knew for years many of the 93,000 patients with ASR hip implants required corrective surgeries due to the mechanisms’ defects.”
Some patients are receiving documents that may affect liability in these cases. Do not sign these documents. If you have signed such documents, call us. We can tell you how to undo that.
Why do you need a lawyer? This excerpt from the DePuy website will tell you:
“DePuy intends to cover reasonable and customary costs of testing and treatment if you need services, including revision surgery if it is necessary, associated with the recall of ASR … DePuy will then reimburse you for your reasonable out-of-pocket expenses.”
These statements are red flags. Who determines what is reasonable? The company that manufactured these faulty devices? And why are they offering “out-of-pocket” expenses only? What about the pain, mental anguish, scarring, or lost wages you might have suffered? Who will put a value on those damages?
These are symptoms you might be experiencing:
- Unexplained hip pain
- Thigh pain or groin pain
- Pain with walking
- Pain rising from a seated position
- Pain with weight bearing
If you have these symptoms, it may indicate these severe problems:
- Loosening, when the implant does not stay attached to the bone in the right position
- Fracture, where the bone around the implant may have broken
- Dislocation where the two parts of the implant that move against each other are no longer aligned.
The recall also states:
“New data shows that five years after implantation, approximately 12% of patients (1 in 8) who had received the ASR resurfacing device and 13% of patients (1 in 8) who had received the ASR total hip replacement needed to have a revision surgery.”
That is an astonishingly high rate of failure in these joint replacements. By their own admission, one out of eight patients had to undergo “revision surgery.”
In determining the amount of damages for a DePuy metal hip replacement lawsuit, the following are some of the common factors that a jury may consider:
- The extent and duration of the injury suffered
- The effect that the DePuy ASR hip injury had on the overall physical and mental health or well-being of the plaintiff
- The pain and mental anguish suffered in the past and which will likely be suffered in the future
- The extent of any disfigurement or scarring caused by defective DePuy ASR hip implants or their removal
- The amount of any past or future medical expenses caused by DePuy metal-on-metal hip implants
- Any lost wages or loss of earning capacity
To be sure that you receive justice in your case, call us at Egerton Law – 336-273-0508 1-800-800-4LAW (4529), or fill out this form and let us contact you. We will do what it takes to get you a fair and just settlement.