DePuy Trial Updates:
On August 26, 2010, DePuy Orthopaedics, Inc. issued a worldwide recall of both its ASR XL Acetabular System (total hip replacement) and its DePuy ASR Hip Resurfacing System (hip resurfacing). DePuy’s recall followed a determination that the failure rate for both ASR hip systems was over 12%. DePuy had previously insisted that, despite decreasing sales, it was not “recalling” the ASR hip replacement system and that its actions did not constitute a “silent recall”. DePuy Orthopaedics, Inc., is the orthopedic subsidiary of Johnson & Johnson.
DePuy began selling the ASR XL Acetabular Head System in the United States in 2005. The company advertised many advantages of the ASR XL hip replacement system over both conventional hip replacements and over hip resurfacing. DePuy described the ASR XL as a “high performance hip replacement”, advertising it with pictures of a young woman running on a sandy beach and a man taking a very aggressive golf swing. DePuy advertised the ASR as superior to conventional hip replacement and resurfacing as the bone in the hip socket was preserved, the hip replacement was subject to reduced wear, the hip replacement matched the hip’s natural anatomy, the surgery only required a small incision, and the device was based on a strong clinical history. (DePuy XL DePuy ASR XL Head System: Metal-on-Metal Articulation patient education guide published in 2006.)
Unfortunately, the ASR hip systems did not perform as promised. As a result, in the fall of 2009, DePuy decided to stop selling the ASR XL Acetabular Head System and, early in 2010, DePuy pulled the remaining ASR hip replacements from inventory. DePuy previously insisted that their decision was not a “recall”, but instead a decision based on declining sales. Of course, those declining sales were largely attributable to problems that orthopedic surgeons were having with the ASR hip replacement and resurfacing systems, including implant failure necessitating revision.
As a result of these failures, the law firm of Panish Shea & Boyle LLP has been retained to prosecute claims against DePuy for individuals throughout the country who have been injured because of the failure of ASR hip replacements. The firm’s DePuy hip recall litigation effort is headed by Peter Polos and Pete Kaufman. Mr. Polos is a retired California state court judge, and he previously served as co-lead counsel on similar hip recall cases in Southern California. Mr. Kaufman specializes in mass tort pharmaceutical and medical device cases, and has tried cases in most major pharmaceutical litigations in the past ten years.
Panish Shea & Boyle LLP has been recognized as one of the leading trial law firms in the United States. Its attorneys have been in the news for many accomplishments from being among the Top 100 Most Influential Lawyers to being chosen as Trial Lawyer of the Year.
If you have a DePuy ASR hip replacement or hip resurfacing, and are experiencing problems with the device, you need to consult with an experienced medical product liability attorney immediately. It is best to retain an attorney before undergoing a revision surgery so that potentially important evidence can be preserved. Furthermore, by law, there is a limited period of time in which you may bring a legal action against DePuy for a failed ASR hip system, so don’t delay.
If you have a hip replacement recall matter you would like to discuss with an attorney from our firm, please call us toll free at (877) 800-1700 or complete and submit the e-mail form below, and we will get back to you shortly.