Although hip replacement surgery is typically considered a low-risk procedure, there have been several instances of manufacturers’ negligently releasing a hip replacement device and having to issue a recall. DePuy’s ASR hip replacement system is just one of the latest examples of such failures by companies to ensure that their products are safe for patients. These are the situations for which product liability laws have been enacted. Consumers should not bear the risk of ensuring the safety of the products they purchase.
The ASR recall occurred because, simply, it has a propensity to fail within an unacceptable period of time after surgery according to industry standards. While most hip replacement devices are expected to last upwards of 15 years, the ASR has failed within five years in 12% of patients. This means, practically speaking, that one out of every eight people who received the device had to go under the knife once again for an even more invasive procedure requiring a greater recovery time within just five years of their first surgery and subsequent recovery. This failure is due to DePuy’s lack of pre-market testing and is not fair to the people who have suffered as a result.
One recent example of another recall of a hip replacement device and subsequent litigation occurred in 2000, involving Sulzer, a medical device manufacturer. In a class action, the plaintiffs as a group received a $1 billion settlement from Sulzer, whose defective hip replacement device would come loose if even 1/15,000 of a drop of mineral oil contaminated the socket. Much like the present ASR case, over 10% of recipients who had received the implant needed to undergo revision surgery.
There is no typical result of a hip replacement recall because the ultimate result will depend on the specific facts of the case and there is no guarantee that ASR plaintiffs will recover a comparable amount to the plaintiffs in the Sulzer trial. However, the Sulzer matter is a landmark case, and an indicator of how a hip recall and the subsequent litigation may progress. The fact that Johnson & Johnson has reportedly set aside $922 million to cover litigation costs related to the ASR recall is a good sign for potential ASR plaintiffs.
While litigation is in its early stages and it is not clear how many people will eventually come forward and file a claim against DePuy, the time is now to get the wheels in motion for your case.