Why You Need a Lawyer Now.
DePuy Orthopaedics recalled 2 replacement hip devices it had manufactured and sold since 2003. This occurred in August 2010 to the following devices: the ASR Hip Resurfacing System and the ASR XL Acetabular System. (The ASR Hip Resurfacing System was only approved for use outside the U.S.; the ASR XL Acetabular System was available worldwide.) These metal units replace a worn or weakened part of the human hip.
The defective replacement hip units were recalled because one in eight patients requires a second invasive procedure to correct the first one. Unfortunately, the replacement hips do not fit the way they are supposed to. Numerous orthopedic doctors believe that the units were designed poorly. One surgeon testified that the unit he removed from a patient had “failed catastrophically.” Due to the global recall, recipients have began to take legal action. There are still many however, who have not contacted a lawyer, some who may have already had their defective hip implant removed and replaced. Every recipient of a DePuy ASR device should consult a lawyer immediately, for the following reasons:
1. Only with a lawyer will you get full compensation.
If you need to have (or have already had) your ASR device removed and replaced, you have ve been harmed. Due to design flaws, ASR systems can fail after only 5 years, when they were originally intended to last for 15 years. DePuy should bear the cost of your difficult, painful “revision” procedure—not you or your insurance company. Even if you’ve had no loss of mobility, pain or discomfort, you still may be at risk for developing metallosis. This may occur from shards of the implant being deposited into your tissue and bloodstream.
Coinciding with the hip replacement recall, DePuy established its own claims process. This claims process unfortunately serves in DePuy’s interest, not what’s best for you. You might be entitled to a variety of different damages (money awards) that DePuy does not want to pay you, including your full medical costs (not for just a “revision” procedure, but also testing, physical therapy, and other appointments); loss of income; pain and suffering (something DePuy will definitely not voluntarily pay); travel expenses; and compensation for disfigurement and scarring from additional surgery. DePuy will do whatever it can to pay you as little as possible. Only a lawyer can help you determine what you are entitled to, and how to get it.
2. You have a limited time to sue DePuy.
Every state in the country has statutes of limitations that establish the time period in which a claimant must file a lawsuit against DePuy or risk having his or her claims be lost forever. For example, in New York a product liability lawsuit must be filed within 3 years of the date of injury. What constitutes the “date of injury,” however, is not always obvious, and often subject to interpretation. Under one view, “date of injury” means the day the device was implanted. This can be horrible news for recipients who received hip implants several years ago. Recipients who have had their DePuy implant surgeries more recently would have to seek legal counsel immediately, to be sure the statute of limitations does not run out before they can sue. Another view is that the injury is ongoing… until the hip implant is removed in a revision procedure. Under this view, more DePuy ASR hip implant recipients will be able to recover in lawsuits. Due to the uncertainty, you should not wait to speak to a lawyer regarding your possible claim.
3. DePuy is trying to get to your doctor first.
Even if you feel fine, you still need to have medical tests performed to see whether your ASR device is failing. These test determine the level of chromium or cobalt metal ions in your bloodstream, the wear on the hip implant, how well it was originally implanted, and more. These tests must be done before you can recover damages from DePuy.
But lawyers representing faulty hip replacement victims are learning that DePuy is getting to doctors first, in some cases paying doctors to recommend to their patients that they sign forms provided by DePuy that would severely limit a victim’s potential monetary recovery. Some doctors are trying to dissuade patients from suing DePuy at all. While no lawyer should recommend that any victim not see a doctor, it is important that one speak to a lawyer about what the DePuy device recipient be aware of—and be wary of—at the doctor’s office.
4. You might need a second medical opinion.
Some surgeons are paid as consultants to DePuy. These doctors will likely use DePuy products primarily, if not exclusively. If you have a longstanding relationship with an orthopedist, you will probably want to maintain that relationship, but does not hurt to get a second opinion.
Also, some doctors are simply not as sophisticated as others in circumstances such as this. Of course, a lawyer is not going to perform your revision surgery… but a lawyer who handles hundreds of depuy hip replacement recall matters is exposed to a great deal of information—not to mention doctors—and will have a keen sense of what should be done, medically. A lawyer will likely have spoken to leading physicians and surgeons, experts in the field, and would therefore be able to educate you the before you speak with a doctor.
5. Evidence must be gathered and preserved.
Along with your medical test results, other materials will be used as evidence against DePuy in any lawsuit. Insurance documents. Medicare forms. Letters. Your records of your experience. Your hip implant itself. Speaking to a lawyer sooner rather than later will prepare you for the record keeping, requesting, and protecting you’ll need to start right away.
6. DePuy might try to contact you.
DePuy has already begun asking doctors to present to ASR hip recipients forms to sign that would permit the doctor to turn over your medical records to DePuy and permit DePuy to contact you directly to discuss the specifics of your case. DePuy would like to get to you before you get to a lawyer. DePuy has also established a “help line”—manned by its insurance company, in order to get information from its victims. The sole purpose of these undertakings is to obtain candid admissions from victims that DePuy would use in court to limit its liability. You should speak to a lawyer before speaking to a DePuy representative. You should also not sign anything from DePuy until consulting with a lawyer.
DePuy Orthopaedics designed and sold faulty hip implants—and has even admitted as much publically… but no matter how obvious it is that DePuy is to blame, you will have to demand compensation for the injuries you’ve suffered, and prove your case to receive the damages you deserve.