Since the announcement by Johnson and Johnson (J&J) regarding the recall of 93,000 of their ASR XL Acetabular System and ASR Hip Resurfacing System hip implants, many people throughout the United States have been asking a lot of questions and getting few answers from both J&J and their sister company, the producer of the defective hip replacements, DePuy Orthopedics. As may as 500 people have complained to the Food and Drug Administration (FDA) since 2008.
The reason why J&J and DePuy are not speaking candidly to the people who have been affected by their recall and are now living with pain and toxicity is because they know that they did not adequately test the defective medical device and are now facing expensive product liability lawsuits. Though, most people have been found to respond well to companies listening to their needs and responding sensibly, it seems that J&J and DePuy have chosen to force their customers to seek answers to the hardest questions through legal council.
That’s why many people have sought a DePuy recall lawyer in order to answer some of the most important questions about the ASR Hip replacement recall. Some of the general questions may be answered here, but to get a individual assessment of your situation and to answer some of you personal concerns it’s best to call the defective medical device lawyers at Phillips Webster for a free consultation.
What Is Wrong With the ASR XL Acetabular System and ASR Hip Resurfacing System?
There are multiple problems that could possibly stack upon each other causing patients to experience extreme pain and suffering. The main problem is with the metal on metal design, which is different from the usual polyethylene cup design. The design itself has caused some serious discomfort, but there are also serious design flaws due to the metal on metal system.
If you are experiencing any of the problems below you may need to have the hip replaced. You also may be entitled to compensation.
- Parts Loosening – The device is a ball and socket system which is attached to both the pelvic bone and the femur bone. It has been known to become loose in the socket, in the shaft, or loose in other parts of the system causing severe pain and lost mobility.
- Dislocation – The ball of the unit can completely detach, leading to severe pain, loss of movement, and requiring immediate emergency medical attention.
- Femur or Pelvic Bone Fracture – The unit is attached to the pelvic bone and femur bone. Patients have complained the hard metal, though tough, causes bone fractures in these places.
- Infection – Infection after a long hip surgery can lead to serious implications for the patient’s overall health. Some of the implications include the ability to fight disease, ongoing pain and fatigue, and the infection getting into the blood system and affecting other organs in the body. Having another replacement surgery may be fatal to some patients.
- Genotoxicity – Ware and tear can cause units have metal loss. Microscopic metal shavings cause the chromosomes of bone marrow or white blood cells to breakdown. Genotoxic effects have been known to result in cancer or even heritable defects if toxicity reaches the reproductive organs and reproductive cells are affected. This is easier than one may think since the hip is very close to that area.
- Malalignment – At the time of surgery the technicians or surgeons did not notice that the device was not aligned correctly. After the patient had started using the hip, the malalignment led to severe discomfort and pain. It can also lead to malfunction as the patient struggles with the devices malaligned movement and their natural movement.
- Metal – The unit is metal and may affect patients who are sensitive to this type of metal or metals in general. This can lead to ongoing pain in the groin and can even result in necrosis of the tissue (death of cells surrounding the metal leading to tissue degradation and muscle loss).
- Non-Adherence – Non-adherence is when the components of the ASR XL Acetabular System, particularly the cup socket placed in the hip, does not adhere or stay in placement. This can also cause painful dislocation and requires surgery or replacement.
- Pseudo Tumors – These are tumors caused by chromium cobalt ions released into the blood and tissue. Doctors have said that these tumors can develop without pain and get large enough that they make further replacement surgeries extremely difficult. Patients have also displayed an increase in chromium and cobalt in their blood streams.
How Dangerous is it to Replace my Recalled Hip?
There are some major factors that can factor into whether the patient is able to withstand another hip surgery. Keep in mind that it is a 2-3 hour procedure with no complications. With complications it could be much longer. Also, they need to take out the unit and replace it. This takes extra time and may in itself lead to complications.
Some things you may want to consider-
- Recovery Time – How long it took to recover may be a sign of how long it will take you to recover after the replacement surgery, but not necessarily. No two surgeries are created equal and depending on other factors, you may or may not have the ability to recover as well.
- Age – The units are generally only around 2 or 3 years old, but to osteoporosis patients over 75, three years might as well be a decade. Age can serious increase recovery times and limit mobility after surgery. It also leaves the patient more prone to infection and other diseases floating around hospitals and recovery rooms.
- Bone Density – Hip replacement is common in patients with bone density issues due to brittleness of the femur and hip. These carry the most weight and are most prone to break. But there must be bone for the unit to attach to. If the bone is too brittle then the unit may actually cause a break.
- Immune System – Elderly people or people who have formed weight issues due to limited mobility may find their immune systems seriously compromised. Many times after surgery it is not the original problem or the surgery itself that kills the patient, but what they get afterward.
How Can I Get Compensation For my ASR Hip Replacement?
Depending on the severity of your injury caused by the defective device, getting compensation depends on the experience and skill of your legal representative. It is important to find a defective medical device attorney that knows how to examine your case, gather pertinent solid evidence, and present it in a professional and persuasive manner in order help the judge and jury understand your plight and award you the compensation you deserve.
Seattle DePuy Attorneys Helping Victims Across the Country
Patients don’t need to be from Washington State to seek superior legal services. The Seattle DePuy attorneys have faced some of the largest pharmaceutical and medical device manufacturers in the world and come out with financial judgments and settlements that reflected the true nature of their client’s situation.
Phillips Webster is a full service law firm of experienced Defective Medical Device Attorneys that will take the time to listen to the patient and their needs in order to seek the proper justice and compensation they deserve. Call Phillips Webster Today for a free consultation.
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