The article, published online 03/31/11, cites Lance Corporal Cody Perkins, who was injured by a roadside bomb. In 2006, Perkins was given a DePuy ASR XL Acetabular System and was able to return to work. By 2009, according to the report, Perkins experienced pain in his hip. His doctor told him he would need revision surgery, in which the hip replacement device is itself replaced with a different implant.
Revision surgery often has an increased risk of complications, including infections and further dislocations. Patients typically expect that their hip replacement will last for 15 to 20 years, meaning it can be decades before they require revision surgery following a first implant. With the DePuy hip replacements, some patients have reportedly experienced failure of the device and the resulting revision surgery within five years of implantation.
As a result, patients have filed lawsuits alleging the DePuy hip devices have an unreasonably high failure rate due to defective design. A recall was announced in August 2010, after data was released indicating that within five years more than 10 percent of the hip implants were failing.
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At issue is the design of the implants, which involves metal-on-metal construction. That metal can cause debris to come loose from the device and be absorbed by the patient's tissue, causing tissue death and metallosis.
Lawsuits against Johnson & Johnson seek damages for lost wages and medical costs. In addition to allegations about the defective design of the DePuy hip implant are allegations that Johnson & Johnson continued marketing the DePuy replacements despite increasing evidence that they were failing.