Claiming after a Faulty Hip Implant

LauraFrancis
May 1, 2013

Thousands of patients have now claimed against DePuy ASR following a recall of metal-on-metal hip replacements in 2010. Hundreds of suits have been filed in the UK alone, with over 10,000 being filed in the US. Problems were first noted in 2007 when patients complained of pain and tenderness within their hip joints, while surgeons were noting more and more implant failures. Approximately 12-15% of implants were failing within just five year of implantation, causing distress, discomfort and most of all unnecessary pain to the patients. DePuy denied any wrongdoing for over two years, blaming the failures on surgical technique, and the products remained on the open market until 2009 when recalls began in Australia. An internal analysis by Johnson and Johnson in 2011 also found that the hip replacements had a potential failure rate of up to 40% – over twice as high as the initial estimated figure of 15%. Naturally, many patients are now turning to medical negligence lawyers to claim compensation for the discomfort and distress caused by having the faulty implant – but the story still continues. Now, surgeons are estimating that up to 69% of hip replacements are failing within just six years of implantation.

Symptoms of a faulty ASR hip replacement can be severe, including wear and tear of the components within the hip replacement, damage to the surrounding bone, muscle and tissue and chronic, underlying pain. Patients with faulty ASR replacements were advised to return to hospital for a bevvy of invasive tests, including blood tests, aspirations of fluid from the hip joint, ultrasound scans and even MRI scans. If the hip replacement was found to be faulty, the patient would require further surgery, a second hip replacement and possibly even further surgery after that.

According to a report by the New York Times, both Johnson and Johnson and DePuy were aware of the problems with the hip joints for “years” before patients started to complain of side effects of the faulty joints – putting trust in the manufacturers at an all time low.

If you are affected by the ASR hip replacement recall, you may be eligible to claim for compensation, not only for the initial medical bills to replace the joint with a non-faulty replacement, but also for lost earnings, potential loss of future wages, pain, distress and any psychological symptoms you might be experiencing. A medical negligence lawyer with experience in dealing with product liability will be able to guide you through the claims process right from the initial phone call through to a court date, if your case ends up in court. If you have an ASR implant but have not yet been contacted by your doctor to discuss your options and to find out whether or not your replacement is faulty, make an appointment with your surgeon immediately. You may be eligible for a hip replacement, and if so, you might also be eligible to claim for compensation.