Hip Replacement Recall

Hip Replacement Recall Lawsuits Being Prosecuted By Former Orthopedic Company Insider

Brian Devine, the former Assistant General Counsel of a global manufacturer of hip implants, is using his years of experience inside the orthopedics industry to represent victims of DePuy’s hip replacement recall.

After receiving hundreds of complaints about the product, Johnson & Johnson unit DePuy Orthopaedics finally recalled its ASR  hip replacements in August 2010.  This hip replacement system has a shockingly high rate of failure, and many of the victims of these failures have had to undergo a second, painful surgery to remove and replace the defective hip.

For years, DePuy blamed doctors for the ever-growing failure rate.  Rather than admit the defect, DePuy instead said that failures occurred because doctors didn’t follow directions.  And even as recently as September 22nd, DePuy is also blaming hip implant recall victims, claiming that they were “negligent, careless, and at fault and conducted themselves so as to contribute substantially to their alleged injuries and damages.”

Dr. Stephen Graves, the Director of the National Joint Replacement Registry in Australia, said “It is a complete untruth that DePuy did not have reason to withdraw the ASR before now; we have been telling them since 2007, but they allowed it to be used on thousands of people.”

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Orthopedic specialists believe that DePuy’s design of the hip replacement cup is the reason for the failures.  DePuy’s cup is shallower than some other hip implants, and that may be the reason why DePuy’s ASR system has such a high failure rate.  Dr. Harlan C. Amstutz, an orthopedic surgeon in Los Angeles who designs hip implants for another orthopedics company, said that he believed that DePuy’s design is prone to problems.

Even the designer of DePuy’s ASR system, Dr. Thomas P. Schmalzried, said that DePuy has known for years that DePuy’s ASR hip system might be more of a challenge to implant properly than similar hip implants made by other companies

On August 26, 2010, after selling 93,000 of the defective products, DePuy finally released shocking information that shows that 13 percent of patients with the ASR hip implant have had to have the implant removed due to a failure.  Based on this data, DePuy escalated its recall of the ASR hip implants and told hospitals and doctors to immediately stop implanting the devices and to return them to the company.

Following an FDA hip replacement recall, new data from England shows that the ASR hip already failed in 13 percent of patients.  This failure rate can significantly increase over time, subjecting thousands of patients to an additional surgery to remove and replace the defective hip implant.  DePuy says that 93,000 ASR hips have been implanted in patients.  Even assuming a 13 percent failure rate, that means that 12,000 patients will have to undergo a painful, risky, and complex surgery to remove the defective part.

We have filed lawsuits against DePuy on behalf of victims of the ASR hip replacement from across the country.  One of our clients, Scott Almhjell, a veteran of the Gulf War, was recently profiled by Channel 3 News:

How can you find out if you have a DePuy ASR Hip? If you don’t already know what kind of hip implant you have, you should contact your orthopedic surgeon’s office and ask for the make and model of your hip implant.  If you have a DePuyASR hip replacement, you should schedule an appointment with your doctor to discuss your options.

What are the signs of failure? Only your doctor can diagnose a failed ASR hip implant.  The symptoms associated with the hip replacement recall can include swelling, pain and difficulty walking. Persistent symptoms can signal a loose implant, fracture of the bone around it, or dislocation of the implant’s ball and socket.  Your doctor may want to take an x-ray, a bone scan, or blood tests to help diagnose whether a failure has occurred.

Is there a deadline for filing my claim? Yes.  And in every single one of our client’s lawsuits that DePuy has answered, DePuy has argued that the victim waited too long to file his or her claim and is not entitled to any compensation.

HIP REPLACEMENT RECALL CLAIMS

We currently represent people from across the country who had a recalled DePuy hip replacement that failed due to this defect.  If you or a loved one are a victim of DePuy’s hip replacement recall, you may be entitled to recover damages in a lawsuit against the manufacturer.

OUR HIP REPLACEMENT RECALL EXPERIENCE

We have an unparalleled depth of knowledge about hip implant claims that comes from years representing orthopedic companies.  Over the last fifteen years, we have handled thousands of hip replacement claims.  Brian Devine, one of the founding partners of Seeger Salvas LLP, used to be an executive at Sulzer Medica, a global manufacturer of hip and knee implants.  As its Assistant General Counsel, Brian was responsible for all of the firm’s product liability cases worldwide.  When the company suddenly had to recall several thousand hip and knee implants in December 2000, Brian was responsible for managing the resulting avalanche of litigation. He managed thousands of individual cases and directed attorneys in almost every state in the country. He then took a leading role in negotiating a nationwide class-action settlement which provided $1 billion in compensation for the victims of Sulzer Medica’s hip replacement recall.

Brian now uses his experience to help victims who are injured by hip replacement products.  His legal and medical knowledge combined with the unique perspective he gained while working for a orthopedics company makes him a formidable adversary. Brian’s skill as an advocate is best proven by his results. In the last few years alone, he has recovered more than $20 million for a wide variety of clients. He has scored five victories in excess of $1 million, and his largest victory is a $3.7 million settlement on behalf of a single client.