DePuy Hip Replacement Recall: "They Waited Too Long"

February 7, 2011, 1:30PM. By Gordon Gibb

Nashville, TNHip replacement patients in Tennessee who have reported DePuy Hip Replacement problems are the latest to join the wave of nationwide lawsuits alleging defects and flaws with the prosthetic hip devices. The Tennessean reported in January that about a dozen people from Middle Tennessee have joined the parade of litigants lined up to challenge DePuy Orthopaedics and its parent company, the gigantic Johnson & Johnson.

The multi-million dollar lawsuits recently filed in US District Court in Nashville are akin to hundreds of similar lawsuits nationwide. Around the globe, upwards of 13,000 patients have either reported problems with their prosthetic hip device or risk experiencing pain and failure far sooner than the normal lifespan of hip replacements would ordinarily suggest.

Hip replacements are historically expected to last up to 20 years. However, the ASR Hip Resurfacing System and ASR XL Acetabular System were recalled last year amidst reports that one out of every eight DePuy hip patients required revision surgery within five years of receiving the DePuy system.

Aside from the pain, infection and mobility issues inherent with the failure of the hip replacement system, lawsuits are alleging that metal debris originating from the ASR Hip Resurfacing System and ASR XL Acetabular System generate metal debris that can introduce toxic levels of metals such as chromium and cobalt into patients'
surrounding bone, tissue and bloodstream.

Plaintiffs David and Sandra Carter of Williamson County allege in their Hip Replacement Recall lawsuit that said recall "has come too late for thousands of Americans...who will now live with the consequence of these faulty devices for years, if not the rest of their lives," the plaintiffs state.

A statement from DePuy to the Tennessean emphasized safety. "DePuy intends to cover reasonable and customary costs of testing and treatment, including revision surgery if it is necessary, for reasons related to the recall," the statement said. "DePuy also will pay for reasonable expenses related to receiving care, such as lost wages and travel costs."

However, the litigants take issue with the safety stance, given their allegation that DePuy began receiving adverse reaction reports as far back as 2007, but waited three years to pull the trigger on the Hip Replacement Recall.

One attorney representing Tennessee residents on a DePuy lawsuit indicated he has clients who have had DePuy hips replaced as soon as a year or two following original surgery. For those having yet to require revision surgery, the stress and worry associated with living with a recalled implanted device and fearing the worst make for a very stressful time.