A Brief Overview of Past Hip Replacement Litigation
Hip replacement surgery is considered one of the most successful orthopedic surgeries one can undergo, as judged by patient satisfaction. And thanks to new techniques, many hip replacements are minimally invasive, resulting in shorter hospital stays, faster rehabilitation, and improved results.
An artificial hip recipient can expect his or her implant to last, on average, fifteen years. It was recently reported, however, that two hip replacement devices manufactured by Johnson and Johnson subsidiary DePuy Orthopaedics have an aberrantly high 5-year failure rate. According to data from Great Britain, 1 out of 8 recipients of the ASR XL Acetabular System and the ASR Hip Resurfacing System will require a second hip replacement due to defects with the original implant. Numerous problems have been reported with the ASRs, including migration, dislocation, bone fractures, and toxic metal debris.
For these reasons, both ASR devices were recalled in August 2010. Since then, victims in the United Kingdom, Australia, and the United States have filed lawsuits against DePuy. With over 90,000 ASR recipients worldwide, attorneys are estimating that the number of DePuy recall lawsuits could reach 4,000.
Based on precedence from similar cases, victims of the DePuy hip implant recall have reason to believe their lawsuits will be successful. One class action lawsuit in particular should provide hope for DePuy ASR victims.
In December 2000, Sulzer Orthopedics, Inc. recalled 30,000 units of its Inter-Op Acetabular Shell Hip Implant. Due to a manufacturing error, the implants were contaminated with a lubricant which prevented a patient’s bone from adhering to the implant. This led to excruciating pain and other complications for many recipients, and approximately 3,500 people required a second replacement hip.
In what would emerge as a landmark hip replacement class action settlement, $1 billion was paid by Sulzer to victims. Those who underwent revision surgery receive around $206,000 each, while those patients who received a faulty implant but did require surgery were paid about $1,000 each.
It remains to be seen how many ASR hip replacement lawsuits will ultimately be filed against DePuy and how much compensation ASR hip replacement victims will obtain for their pain, suffering, out-of-pocket expenses, and other losses. What is clear is that if you are an ASR recipient, you should undergo a medical evaluation as soon as possible in addition to contacting an experienced product liability attorney to discuss a potential hip replacement lawsuit.