DePuy Breaks Promise To Hip Implant Recall Victim

In two television interviews in August 2010, I warned that Medicare and private insurance companies could end up paying for some of the medical costs associated with DePuy’s defective ASR hip implant.  Following these interviews, DePuy’s lawyers wrote me a “cease and desist letter” demanding that I refrain from making that statement ever again.

I responded by telling DePuy’s lawyers that I would stop making those statements if DePuy promised that it  would “unconditionally guarantee that they will pay directly to hospitals and doctors all costs associated with every surgery to remove and replace the recalled ASR and ASR XL hip implants.”

Not surprisingly, I never heard back from DePuy’s lawyers.

Unfortunately for the victims of DePuy’s recall, my warning is now proving true.  DePuy’s insurance adjuster, Broadspire, recently refused to reimburse expenses for one of our clients who had to undergo seven complex, risky, and painful surgeries because of the failure of her ASR implant.  Because of the defective ASR implant, all of the soft tissue in her hip is destroyed and she will never walk right again.

Nevertheless, DePuy refuses to pay the costs that she incurred because of these surgeries. 

DePuy and its parent company, Johnson & Johnson, have told the media that they have taken responsibility for the recall.  They are trying to create an image of a good corporate citizen and to bolster Johnson & Johnson’s image as a “family company.”  But here, the company’s actions speak louder than its words. The company has broken its promise and it is trying to leave some of the victims of its recall without any financial compensation.

Fortunately, DePuy’s insurance adjuster doesn’t have the final word on these matters; the courts do.  We will not stand for DePuy’s attempts to escape from liability.  We are fighting DePuy’s denial, and we believe that the facts show that DePuy is liable and that its negligent conduct caused this patient’s injuries and damages.  It is a shame, however, that DePuy is making victims fight to receive the compensation they deserve and that DePuy promised to them.


We currently represent people from across the country and around the world who had a DePuy ASR hip implant or a metal-on-metal Pinnacle hip implant that failed.  If you or a loved one suffered an injury caused by a metal-on-metal hip implant, you may be entitled to recover damages in a lawsuit against the manufacturer.


We have an unparalleled depth of knowledge about hip implant litigation that comes from years representing orthopedic companies.  For example, the firm’s partner, Brian Devine, worked for years 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 given lead responsibility 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 to those who were injured by Sulzer Medica’s hip and knee implants.

Brian now uses his experience to help victims who are injured by orthopedic products.  His legal and medical knowledge combined with the unique perspective he gained while working for a medical device 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.

We have offices in San Francisco, California. We represent injured persons nationwide through our network of experienced and dedicated attorneys.

Our description of your legal rights is not intended to constitute legal advice and is not intended to imply that any product is defective. That can only be determined through a case-specific investigation.  This site is not affiliated in any way with any manufacturer of hip implants.