In the shadow of the recent $2.5 billion DePuy ASR hip replacement settlement, the Judge overseeing the Biomet Hip Replacement Multidistrict Litigation (“MDL”)...
DePuy Hip Replacement Recall
Almost 50% of DePuy ASR XL Hip Implants Expected to Fail
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more about DePuy’s ASR Recall.
Important new statistics from the United Kingdom have revealed exceedingly high failure rates for the DePuy ASR hip replacement device. Data presented from four different surgeons at the British Hip Society Annual Conference in early March 2011 showed a 21% revision rate at 4 years and 49% revision rate at 6 years for the recalled DePuy ASR XL hip device. The revision rates could increase to 35% at 4 years if all the patients who are currently having pain with their implants need a revision. Patients implanted with the ASR may suffer from metallosis, to periprosthetic osteolysis, to high levels of cobalt-chromium ions in their bodies.
The failure rate noted by the company in the August 2010 recall letter was 13% at 5 years for the ASR XL Acetabular System. The data presented at the Conference clearly shows higher than expected revision rates, and with half of the DePuy hip replacement devices expected to fail, more patients are likely to experience problems with their implant.
The Problems with the DePuy ASR
The main problem with the DePuy ASR is its defective design. The sub-hemispherical design of the acetabular (cup) component and the low clearance between the cup and the femoral head (ball) were supposed to allow for a greater range of motion of a patient’s hip. These two aspects of the design, however, have proven to be disastrous. The shallow cup does not provide for a sufficient ‘arc of cover’ for the femoral head, and consequently leads to edge-loading, wear and release of large amounts of metal debris. The metal particles, although small, are great in number, and the immune system’s defense mechanisms are not able to get rid of so many foreign particles in the body. The debris can damage the muscle and tissue around the implant and may cause inflammatory responses in patients.
The window for optimal component positioning for the ASR is also narrower compared to competing devices. The company, along with ASR designer Dr. Thomas Schmalzried, realized as early as 2008 that positioning angles were crucial for long term survivorship of the implant. The company updated its Instructions for Use for the ASR at the end of 2008 and emphasized an inclination angle of 40⁰-45⁰, a very narrow window for component positioning for any surgeon to achieve.
What to Do if You Were Implanted with a DePuy ASR
If you were implanted with a DePuy hip replacement device, it is important to schedule an appointment with your doctor to ensure your implant is functioning properly. Even if you do not have any pain or symptoms, MRI or x-rays, as well as tests to measure cobalt-chromium ion blood levels, are recommended every year for five years after surgery to ensure that there are no problems with your implant. Your surgeon will make the appropriate recommendations following the results, which may include a revision surgery if the tests reveal pseudotumors, high metal ion concentration levels or metallosis.
It is also important that you contact an attorney to discuss a possible lawsuit against DePuy Orthopaedics. Borri Law Offices filed one of the first federal cases in the country in June 2010 against DePuy Orthopaedics alleging that the DePuy ASR hip replacement device was defective and injured a Florida woman, who had to undergo a revision surgery shortly after she had the DePuy ASR hip replacement implanted. Since then, our offices have filed numerous other cases on behalf of our clients across the U.S. who have been seriously injured by the defective DePuy ASR hip implant.
Your Legal Rights Against DePuy Orthopaedics
There was ample data, years prior to the recall, which noted problems with the DePuy hip replacement, yet the company failed to take any significant action to ensure the safety of the thousands of patients who were implanted with the hip device. As a result, thousands of ASR recipients are suffering from excruciating pain and immobility because of the defective product. If you have had any complications or have undergone a revision surgery due to a defective ASR, you may be entitled to recover damages for lost wages, medical costs, and pain and suffering resulting from the injury.
Contact Borri Law Offices Today For a Free and Personal Legal Consultation
Borri Law Offices began investigating claims against the DePuy hip replacement device months before the company recalled the implant. Our office takes cases on a contingency fee basis — you do not pay unless we obtain a recovery for your damages.
With over 30 years of experience in product liability litigation, Borri Law Offices can help you obtain the compensation you deserve.
Content by: Gregg Borri