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LAWSUITS NEWS & LEGAL INFORMATION

Frustration over DePuy Hip Recall in Canada

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Kingston, OntarioLincoln Bryant is a Presbyterian minister based in Kingston, a heritage city located in Ontario, Canada. Suffering from hip dysplasia—which is the instability of the joint—the 53-year-old underwent a hip resurfacing procedure and received the DePuy ASR Hip Resurfacing System.

That was two years ago. He had managed the pain on his own for years. But at the age of 51, the Kingston resident could no longer cope and underwent surgery. It didn't help. The pain grew worse and he can only be on his feet for a few hours at a time.

The corporate slogan for the DePuy group of companies is "never stop moving." And yet thousands of patients, including Bryant, can barely move after receiving DePuy hip replacement products.

Bryant has only recently learned that he had the DePuy ASR Hip Resurfacing system in his body. That information was never communicated to him at the time of surgery. Nor was the DePuy hip replacement recall communicated to him formally after the system was recalled across the globe, including the US and Canada. At least, not initially.

Bryant tells Maclean's news magazine that he was at home in Kingston watching the news on August 27, when a report on the global recall left him wondering if, indeed, he had the problematic DePuy system in his body. It took him a few days to confirm that fact, finally requesting copies of his surgical records and paying $35 for the privilege.

The December 6 issue of Maclean's details the lack of a formal, mandated medical joint devices registry in that country. Unlike an automotive recall, where new cars are registered to automotive owners and recalling a vehicle for a safety defect is detailed and straightforward, no such process is available for medical joint devices.

Maclean's says there is a registry in Canada, but it is voluntary. A relatively low number of doctors participate. Thus, a recall like the one involving the failed DePuy Hip Replacement system is of little use to a patient having no idea what hip implant they received. Unless the hospital or the surgeon contacts the patient—or the patient finds out beforehand—the patient has little way of knowing that his troublesome hip has been recalled.

Through the Canadian Joint Replacement Registry, only about half of knee and hip replacements are tracked. The remainder fall into a void.

Bryant underwent a CT scan and blood work this past fall in an effort to get to the bottom of his problematic DePuy hip. He told Maclean's that he is relieved to know the process has finally started to determine if, indeed, he will require revision surgery. But he remarked that he felt "significant frustration I had to work this hard," he said—spending two months "pushing buttons, making calls and waiting."

He saw a new orthopedic surgeon on November 4. On November 22, nearly three months after DePuy announced its global recall, Bryant finally received an official notice from the office of his original surgeon, informing him of the recall.

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