# Depuy ASR Recall and Patient Compensation



## Ted (Oct 15, 2010)

Hello,
I had my hip resurfaced in Montreal on Jan. 28 2005 and due to this faulty prosthesis, I developed a deep infection. I had to have a revision on this hip to have a THR on May 14 2007. There are approximately 93,000 people who received this faulty prosthesis between 2005 and 2010. Because 12% of this group developed problems, Depuy voluntarily recalled this prosthesis. There are now class action law suits that are developing to obtain compensation for these victimns. Depuy is voluntarily offering these persons the ability to seek compensation. Do any of you know of any Canadian legal action being taken? What are your opinions about seeking fair compensation through litigation? Any responses would be valued.  Thank you.
Regards,
Ted Wilson
Vancouver, Canada


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## Beaglemom3 (Oct 15, 2010)

From FindLaw:  http://commonlaw.findlaw.com/2010/08/depuy-hip-implants-recalled-by-johnson-and-johnson.html

From the Newsome Law Group ( this is not an endorsement):

"Depuy Hip Class Action
ASR Hip Replacement Recalled By Dupuy Orthopedics, Inc.

Patients who received hip replacements should check immediately to see if their hip replacement system is the DePuy ASR XL Acetabular System or the DePuy ASR Hip Resurfacing System. Johnson & Johnson, and its DePuy Orthopaedics subsidiary, have recalled these hip replacement systems according to an August 2010 announcement.

A recent study revealed one in eight patients will be forced to undergo revision surgery due to defects in the ASR system.  That report stems from data compiled by the National Joint Registry (NJR) of England and Wales, which revealed the ASR devices have a revision rate of approximately 12% - 13%. While these rates are across all device sizes, device head sizes smaller than 50 mm in diameter and those implanted in females have the highest rate of failure.

The defect is due to the device’s metal-on-metal design, which sheds metal debris into the patient’s body. As a result, patients experience bone loss, inflammatory reactions and soft tissue damage. Additional problems reported by patients include pain, swelling and difficulty walking. Other health issues caused by the devices include misalignment, loosening of parts, and broken bones.

Globally, 93,000 patients have received hip replacement with the ASR XL Acetabular System or the DePuy ASR Hip Resurfacing System.

Medical professionals have issued increasing warnings about metal-on-metal hip implants. Dupuy announced in 2009 that the design would be discontinued in an effort to focus on more modern, emerging technologies.

Dupuy officials issued a press release in August, 2010, announcing the recall.The U.S. Food and Drug Administration (FDA) and other global regulatory agencies have been notified.

Within that press release, DePuy Orthopedics president David Floyd stated, “We regret that this recall will be concerning for patients, their family members and surgeons,” said. “We are committed to assisting patients and health care providers by providing information through multiple channels and paying for the cost of doctor visits, tests and procedures associated with the recall.”

 DePuy has agreed to cover “reasonable and customary costs” related to monitoring, treatment, and revision surgeries. Because of this, and because lawsuits have already been filed in San Francisco, Los Angeles and New Jersey,  product liability attorneys are recommending that patients who have receive one of these hip replacement devices seek immediate assistance. Lawsuits allege

 Dupuy knew of the design defects and took no action.

*U.S. and Canadian patients and health care professionals can get more information at  www.dupuy.com, or can call 888-627-2677 Monday-Saturday, 8 a.m. to 9 p.m. EST. Patients outside the U.S. and Canada may call collect, +1 813-287-1651 24, hours a day, seven days a week.*"

I will look for more info.

Beags (RN/JD)


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## Beaglemom3 (Oct 15, 2010)

Before retaining any law firm, please read and understand their fee structure backwards & forwards. This is particularly true in class-action suits.


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## Ted (Oct 16, 2010)

*Depuy ASR*

Thank you Beaglemom. 
Ted


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## Ted (Oct 16, 2010)

How do you forward text from one website to another please?


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## Passepartout (Oct 16, 2010)

Ted said:


> How do you forward text from one website to another please?



Highlight the text you want to transfer by holding the shift key and moving the cursor with the arrow keys, hold ctrl+c to copy it, then go to where you want to put it and place the cursor where you want it and hold ctrl+v to paste it.   Jim


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## london (Oct 16, 2010)

*My Wife Has A Recalled Hip Replacement Dupuy*

My wife has had both hips replaced. One in 2007, and One in 2009.

The 2009 hip replacement was with the Dupuy product.  She has had
problems with the Dupuy product, and may in the next few months have to have the hip redone.

Dupuy has agreed to pay for all costs for the replacement.

However, the question of damages for pain and suffering have not been addressed by Dupuy.

The surgeon is currently monitoring the chromium and cobalt levels in the blood stream.

I think many people will consult legal counsel, due to increased pain, and problems with the product.

We live in Virginia


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## Ted (Oct 17, 2010)

Hello London, 
I wish the best for your wife. I will be talking with a claims adjustor for Dupuy soon and I will certainly be seeking more than just the cost of the revision. Did your wife get something in writing from Dupuy? Are you thinking of entering into a class action claim with a contingency fee? I will keep you posted. Thank you.
Ted


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## Ted (Oct 17, 2010)

Thank you Passepartout.


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## Beaglemom3 (Oct 18, 2010)

doquewalter said:


> If you or a loved one have been injured as the result of a DePuy Orthopaedics or hip replacement implant product, talk to a DePuy Hip Implant Attorney for legal advice about a potential DePuy hip replacement lawsuit.



  ........................ proceed with caution and consider other options as well.

I am concerned about the possibility of trolling for clients on social websites.


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## Ted (Oct 18, 2010)

I have had a few law firms contact me from the forum called Surfacehippy. A claims adjustor for Depuy should be phoning me today. What other options are you alluding to please?
Ted


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## Beaglemom3 (Oct 18, 2010)

Ted said:


> I have had a few law firms contact me from the forum called Surfacehippy. A claims adjustor for Depuy should be phoning me today. What other options are you alluding to please?
> Ted




Seek competent and objective legal advice. JMHO.



Is there a website or blog for patients only ? This would be a source of information.

This is what I would do......listen to what they have to say, jot down your questions before speaking with them, write everything down they (and you) say, weigh the pros and cons, seek a second opinion if you're not comfortable with anything.

You can Google this subject and get 100+ injury lawyers who are lined up for Depuy cases.


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## Beaglemom3 (Oct 18, 2010)

http://www.massdevice.com/news/lawsuits-pile-over-depuy-hip-implant

http://www.nytimes.com/2010/03/10/business/10device.html?_r=1


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## Ted (Oct 19, 2010)

I have had a few law firms contact me from the forum called Surfacehippy. A claims adjustor for Depuy should be phoning me today. What other options are you alluding to please?
Ted


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## John Cummings (Nov 5, 2010)

There are TV ads several times a day from a law firm regarding people that had the Depuy hip replacement.


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## loafingcactus (Sep 3, 2011)

Wow, that's the biggest social media feeding frenzy I have ever seen!  Fascinating.

*My statements are my own opinion.


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## siesta (Sep 3, 2011)

Surprise surprise, johnson and johnson (they are so quick to remind you a family company) drops the ball again. 

Something that comes to mind: 

baby motrin permanently blinds a child in one eye, doesnt have proper safety warnings/labels. Company settles and pays $10 million to girls family.


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