DePuy Orthopaedics, a subsidiary of Johnson & Johnson, recalled two hip replacement devices in August 2010 after they were found to have a much higher than normal rate of failure. Due to an apparent design flaw, the ASR XL Acetabular System and the ASR Hip Resurfacing System can loosen and need to be replaced in a large number of recipients. Just how many is open to debate, with early failure rates estimated at 12-13 percent within five years and more recent statistics putting the six year revision rate close to 50 percent. Whichever figure is cited, the bottom line is that a replacement hip should last around 20 years, and many recipients of DePuy ASR hips are experiencing pain, difficulty walking, and the need for a second hip implant after only a few years. In response, many of them have taken legal action against DePuy seeking compensation for the harm they’ve suffered.

The Charges Against DePuy

One of the most common complaints by those suing DePuy Orthopaedics is that the company was aware of its products’ higher than average failure rates yet did not act to issue a recall sooner. DePuy has stated that it issued the recall after reviewing 2010 data from the National Joint Registry of England and Wales that showed approximately 1 in 8 ASR recipients needed revision surgery within 5 years. But there was reason to believe that the DePuy hips were defective well before then. In December 2009, DePuy stop selling ASR hips in Australia, where the National Joint Replacement Registry had noted early failure rates of the devices since 2008.

Furthermore, right here in the United States, between 2008 and the time of the recall, the U.S. Food and Drug Administration (FDA) logged approximately 300 complaints about ASRs, many from patients who needed to have their faulty hip replaced. This number matches the number of legal complaints that have now filed against DePuy by injured ASR recipients who hope to recover monetary compensation for their considerable pain, suffering, medical bills, lost wages, and other losses.

Johnson & Johnson Announces Generous(?) Settlement Fund

Although no plaintiffs have reached a settlement yet with DePuy, in January Johnson & Johnson, the parent company of DePuy, announced it was setting aside $922 million for “the net impact of litigation settlements, product liability expense and costs associated with the DePuy ASR Hip recall.” This is a hopeful sign for plaintiffs, as it appears that J&J/DePuy are prepared to settle cases for thousands, and possibly even millions, of dollars.

Why You Need a Lawyer to Handle Your Claim

DePuy has established a claims process to reimburse patients for the costs associated with the DePuy ASR hip implant recall, but there is reason to believe the company does not have your best interests in mind. Following the recall announcement, DePuy attempted to get patients to return their explanted hips to the company and sign releases that granted DePuy access to patients’’ medical records. Can you really trust DePuy to do the right thing now after it first delayed the recall of dangerous products and then attempted to deceive patients?