DePuy Faces Product Liability Lawsuits Following Hip Replacement Recall
DePuy Orthopaedics’ not testing its products adequately which resulted into the product recall was what spurred victims to file DePuy hip replacement lawsuits. Even more damaging is the fact that DePuy delayed the recall as long as possible instead of acting promptly with the first signs of trouble. As far back as 2008, the U.S. Food and Drug Administration had received 300 complaints over DePuy’s hip implants, while a report from the Australian National Joint Replacement Registry showed that the same implants failed within five years 12 to 13 percent of the time. It is at this point that victims of the recall should start questioning the legal options that are available to them.
The two defective DePuy implants currently involved in the recall are the ASR XL Acetabular System and the ASR Hip Resurfacing System. Both these systems fail due to a phenomenon called “edge-loading”. This is a result from the friction between the metal components causing release of chromium and cobalt particles to be released and affected the immediate surrounding tissue. Consequently, the implant may weaken, fracture, and result in failure. Metallic particles in the bloodstream also cause a condition called “metallosis”, inciting an allergic, inflammatory reaction which may affect the cardiovascular system as well as cause neurological damage.
In order to define a product liability lawsuit, the plaintiff must be able to show that the defendant’s product caused damages by (a) a design defect, (b) a manufacturing defect, or (c) failing to warn consumers of the underlying dangers the product causes. For a case with regards to design defect, it must be demonstrated that DePuy used design methods that were more dangerous than previous ones and that they did no sufficiently test the product.For product disclosure situations, the plaintiff must demonstrate that DePuy was aware of the products’ defects, but failed to initiate the recall in an appropriate amount of time. This is applicable to DePuy hip replacements as evident by the design defects and DePuy’s failure to warn consumers.
Patients who believe that they have a products liability lawsuit against DePuy may be entitled to compensation and should consult an experienced lawyer handling these types of cases. For information regarding ongoing litigation, visit the DePuy recall website.