DePuy Had Idea of Hip Replacement Issues Long Before It Announced the Recall
In the United States, approximately 250,000 hip replacement procedures are performed every year. However, among that large number, only about 1-3 percent of recipients require corrective surgeries. This small percentage should make it easy enough for regulators to track and identify defective hip replacements. However, the U.S. does not have a nationally artificial joint registration system in place. Without a registration system in place, in addition to the lag in time it takes for a hip replacement to malfunction, companies like DePuy were able to sell 93,000 hip replacements worldwide undetected. DePuy was able to sell 93,000 hip replacements undetected worldwide due to the fact that there is no regulatory system in place and it takes a long time for hip implants to malfunction. As a result, the current DePuy ASR hip replacement recall has affected thousands of patients.
Australia and the United Kingdom were able to immediately detect the presence of defective hip implants because they were fortunate enough to have artificial joint registries in place. As early as 2007, the National Joint Replacement Registry in Australia reported higher than normal failure rates of the DePuy hip replacements. By 2009, DePuy voluntarily withdrew its products from the market. In a similar situation, the National Joint Registry of England and Wales was also prompt in discovering defective hip replacements. Researchers at Oxford University published a study showing that 3.4 percent of 660 DePuy hip implant recipients experienced signs and symptoms associated with metallosis. In comparison, a group of 155 patients who received a competing manufacturer’s hip devices were examined and found to not have experienced similar side effects.
Around the same time, the U.S. Food and Drug Administration received several hundreds of complaints regarding metal-on-metal implants, but took no action due to the lack of a regulatory national registry. Testimonies from numerous surgeons have come to light, stating that they had alerted DePuy early on about the complications caused by their hip replacements, but received little to no response. Finally in 2010, the media began creating public awareness as to the dangers of DePuy’s defective hip replacements. With increasing pressure from the public and the FDA, DePuy finally initiated a recall in August of 2010.
DePuy was aware of its defective products and was negligent in initiating a recall. The company has shown nothing but contempt for its consumers and a total disregard for their health and safety. Victims receiving defective hip implants and who want proper punitive damages should consult with an experienced lawyer handling these types of cases. Information about ongoing litigation can be found on the DePuy recall website.