DePuy Hip Transplant Recall Lawsuits FAQ's
If you have had a total hip implant or a hip resurfacing procedure since approximately July 2003, then the prosthetic components of your hip may be subject to the current recall. DePuy has now recalled all of its ASR XL Acetabular Hip Systems and ASR Hip Resurfacing Systems in the United States and overseas. Below are some frequently asked questions and answers regarding this recall.
Which Devices Have Been Recalled?
DePuy has recalled all of its ASR XL Acetabular Hip Systems and ASR Hip Resurfacing Systems. These systems feature a metal acetabulum, or hip socket, and a metal cup or ball. These devices have been used since approximately July 2003.
How Do I Determine Whether I Have a Recalled Implant?
DePuy does not keep a record of the individuals who have received their ASR XL Acetabular Hip Systems or ASR Hip Resurfacing Systems. It is possible that your orthopaedic surgeon may inform you that you have received one of the recalled devices. If you are uncertain about whether or not you have received one of the recalled implants, Dean Goetz can help you.
What Are The Dangers Associated With the Recalled DePuy Implants?
The recalled DePuy hip implant systems feature a metal acetabulum, or hip socket, and a metal cup or ball. Currently, it is unclear what serious, long-term health effects could result from the use of these types of metal on metal hip implants. Patients who have received metal on metal hip implant systems have reported numerous medical complications, including popping, grinding, pain, infection and lack of mobility.
Britain's Medicines and Healthcare Products Regulatory Agency has warned that metal on metal hip implants can produce metal shavings. This metal debris forms when the metal socket and the metal ball of the hip implant come into contact. The agency says this metal debris can kill soft tissue in the body and adversely impact the effects of a hip revision surgery.
Moreover, Britain's Medicines and Healthcare Products Regulatory Agency has set forth specific recommendations for those patients who have had metal on metal hip implants.
First, these patients should be monitored at least every five years or more frequently if they have pain or other symptoms. Second, patients who have received metal on metal hip implants should be monitored for high cobalt and chromium ion levels in their bloodstreams. Finally, if these patients develop soft tissue reactions, fluid collections or tissue masses, physicians should consider revision surgery.
The agency reached developed these recommendations after consulting with orthopaedic surgeons and considering information provided by the National Joint Registry for England and Wales.
DePuy will not compensate you for your lost wages, your pain and suffering or your future medical needs.
I Have Been Asked to Establish a Claim With DePuy, What should I Do?
If you have received either of the recalled DePuy hip implant systems, you may be asked to contact DePuy to establish a claim. You are not required to file a claim with DePuy to pursue your legal rights. In some cases, DePuy is offering to pay some portion of a revision surgery expense. However, DePuy will not pay medical expenses in all cases. In addition, the amount covered by DePuy is limited to what DePuy independently determines is reasonable.
DePuy will not compensate you for your lost wages, your pain and suffering or your future medical needs. However, in stark contrast, the law allows you to seek the total billed amount of your medical treatment, the full amount of your lost wages, the total value of your future medical needs, as well as pain and suffering damages.
I Have Been Asked to Sign a Release, What Do I Do?
You should not sign any documents purporting to release DePuy from its legal responsibilities. Contact Dean Goetz at 858-481-8844, and protect your legal rights.
I Need Revision Surgery, What Do I Do?
If you have been told that you require revision surgery, contact Attorney Dean Goetz at 858-481-8844 today to protect your legal rights. DePuy has asked hospitals and health care providers to give DePuy removed implant and tissue samples.
At the Law Offices of Dean Goetz, we have protocols in place to protect your legal rights during your revision surgery. We will ensure that DePuy does not deprive you of your right to maintain possession of valuable evidence in your case. We will fight DePuy for you, always putting your interests first.
I Don't Know if I Need Revision Surgery, What Do I Do?
Contact The Law Offices of Dean Goetz (858-481-8844) today to protect your legal rights. In addition, contact your orthopaedic surgeon to determine whether a revision surgery is medically necessary.
$8.3 Million Reasons to Choose Dean as your Attorney
Metal on Metal Hip Device Recall - Depuy
Dean A. Goetz and the Gomez Law Firm were the attorneys for Mr. Loren Kranksy, the Plaintiff in the first Depuy trial in the USA. 3/6/13 at 9:38 a.m. PST A jury found Depuy liable to Mr. Loren Bill Kransky today in a Los Angeles Superior Court. FIRST verdict in the USA against Depuy for $8,328,000. We Are The Kransky Lawyers. Kranksy vs. Depuy and Johnson and Johnson, Los Angeles County Superior Court Case #BC456086.
It took three and one half more years for this to finally end for Mr. Kransky's family, on 7/21/16 Court of Appeals Upholds Kransky v. Depuy.
November 2017: Dean Goetz with Mr. Kransky's full legal team Nominated (PDF press release) for Consumer Attorneys of California Attorney of the Year 2017 for our work in Kransky vs. Depuy, and Mr. Kransky's long road to justice.
The Walking Wounded - Dean Goetz interviewed on ABC (Australia ABC, a show similar to USA "60 Minutes") Investigative Report - watch the whole investigative story on Depuy, aired 5/26/14, "Reporter Quentin McDermott reveals how a healthcare giant deceived doctors and patients using its ASR hip replacement implant." Australian Depuy class action cases go to trial in 2015, and those injured by their hip devices are now armed with what came out in Mr. Kransky's trial..
Articles published during the first Depuy trial on emerging information:
- Maker Aware of 40% Failure in Hip Implant
New York Times January 22, 2013
- J&J Failed to Warn of Hip Implant's Risks, Jurors Told
Bloomberg News January 25, 2013
- Trial underway in hip implant lawsuit
Los Angeles Times January 25, 2013
- News from Kransky v. DePuy Richmond, VA Legal Examiner January 29, 2013
- J&J Had 'Inappropriate' Risk Controls for Hip, Jury Told Bloomberg News January 31, 2013
- J&J Failed to Weigh Hip Metal Debris Risk, Witness Says Bloomberg News February 1, 2013
- J&J Recalled Hips Over Safety Concerns, Witness Testifies Bloomberg News February 4, 2013
- J&J Jury Told Hip Has Many Design Defects Causing Failure Bloomberg News February 6, 2013
- J&J Sales Rep Told Surgeon of Hip Problems, Jury Told Bloomberg News February 7, 2013
- What a Company Knew About Its Metal Hips New York Times February 10, 2013
- J&J Feared Metal Backlash Would Hurt Hip Sales, Jury Told Bloomberg News February 13, 2013
- J&J Hip Recipient Says He Feared Surgery Would Kill Him Bloomberg News February 19, 2013
Articles about Depuy recall leading up to trial:
- FDA Examines Metal Hip Devices
- Congress Wading Into Faulty Hip Implant Issue
- Defective and dangerous medical device products. rushed to market with, "Gaps in FDA's postmarket surveillance show that unsafe and ineffective devices may continue to be used, despite being recalled."
- New York Times Remedy Is Elusive as Metallic Hips Fail at a Fast Rate
- Medical News Today Hip Replacement Recall By Depuy Orthopaedics Is Big News
- Independent UK Thousands of patients left in agony by faulty hip replacements. Nearly 8,000 people may have to undergo further surgery as an implant is recalled – three years after warnings about its defects.
- 24-7 News Lawsuits involving the recalled Johnson & Johnson DePuy ASR hip implant could be consolidated in a multidistrict litigation.