Problematic Metal on Metal Hip Replacements Lead to Mass Litigation
Johnson & Johnson subsidiary DePuy Orthopaedics, Inc. is the manufacturer of two metal on metal hip replacements that were recalled in August 2010. The ASR XL Acetabular System and the ASR Hip Resurfacing System were voluntarily removed from the market by DePuy after the company reviewed data that indicated the devices fail prematurely in 1 out of 8 patients, sometimes necessitating a “revision” surgery (a second hip replacement). Although the approximately 12.5 percent failure rate is alarmingly high and far surpasses the industry average, more recent data reveals that the hip replacement devices fail up to 49 percent of the time—a number four times what DePuy cited at the time of the ASR recall. Not surprisingly, more than 300 lawsuits have been filed against the company
since last August, and with around 93,000 ASR hips sold, that number will undoubtedly grow in the coming months.
What Can Go Wrong With a Metal on Metal Hip Replacement
The DePuy ASRs belong to a category of hip replacements devices known as “metal on metal” that have grown in popularity because they were thought to be more durable than previous generations of implants. Made from materials such as cobalt and chromium, metal on metal hip replacements contain a ball and socket joint. As the ball rotates inside the cuplike socket, friction occurs that can release toxic metal debris into the bloodstream.
Although hip implants made from all materials can release particles, it seems to happen more often with metal on metal devices, and in particular with the DePuy ASR units. Some experts have speculated that a design defect makes the ASRs difficult to implant, while others maintain that the cup portion of the ASRs is too shallow. Either way, when the ball of a replacement hip does not properly fit into the socket portion, it creates a “chisel” like effect between the cup’s edge and the ball which releases large amounts of metallic ions into a recipient’s body. When this happens, it can affect the bone, tissue, and sinew surrounding the implant, ultimately causing the device to loosen and often necessitating revision surgery.
Settlement Fund Cause for Optimism Among Plaintiffs
No settlements have yet been reached in the DePuy metal on metal hip replacement litigation, but in January Johnson & Johnson set aside more than $900 billion to cover the costs of lawsuit settlements and product liability expenses stemming from the August 2010 recall. This is good news for plaintiffs anticipating a settlement from DePuy, as it appears the company is preparing to pay substantial sums of money to inured ASR recipients.
Without a Lawyer, You Risk Not Receiving Compensation
While the setting aside of funds to settle ASR lawsuits is a positive sign, you should not expect DePuy to simply cut you a check for the amount of your losses. In fact, the company seems determined to undermine as many legitimate injury claims as possible. After announcing the recall and a claims process for affected recipients, DePuy made turning over removed ASR hips to the company and having patients sign away access to their medical records conditions for reimbursement. In order to ensure your legal rights are not violated, you need an experienced attorney to represent you.