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November 2010
3,500 Irish Patients Affected by Defective DePuy Artificial Hip
On August 26, 2010, DePuy Orthopaedics, which is a Johnson & Johnson company announced a worldwide recall of two products: the ASR XL Acetabular System, a hip socket used in traditional hip replacement, and the ASR Hip Resurfacing System, a partial hip replacement that involves placing a metal cap on the ball of the femur, a method intended to preserve more bone. The traditional implant has been available worldwide, and the resurfacing implant was approved for use in countries outside the United States. DePuy said that it had made the decision to withdraw the products because many patients required a second hip replacement after the company`s implants had failed.
Over the past year concerns have been expressed in Australia, the US and the UK that patients were experiencing problems with these artificial hips to an unacceptable degree. A warning was issued on the products last March by DePuy and production was discontinued. More recently a study has revealed that over a five year period after implant surgery, 13% or 1 in 8 of these artificial hips failed to such an extent that they required replacement surgery.
Ordinarily artificial hips are expected to last 15 years. While all types of artificial hips require replacements to one degree or another, the DePuy implants rate of failure is already twice the expected rate, and growing.
While worldwide, some 93,000 of these artificial hip implants were sold between their launch on the market in 2005 and 2009, the HSE reports that 3,516 of these were in Ireland. If the 13% rate of revision surgery holds, that would suggest that at least 457 Irish patients will require the surgical removal of these implants. Given the fact that the 13% only relates to the first 5 years post operation and the product is only on the market that long, it may well be that this revision rate will increase, possibly dramatically.
Symptoms of Defective ASR Hip System:
Lynch and Partners Solicitors are currently advising Irish patients who have received DePuy ASR Hip System implants. While not all implants are failing, those patients who are reporting problems in Ireland and internationally complain of:
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Continuing hip, groin, leg, or low-back pain;
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Audible noises such as crunching or metallic sounds coming from the ASR device;
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The sensation that one`s hip is not "in place," especially when starting a movement, such as standing up or starting to walk;
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Loss of ability to perform physical activities; and
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Swelling in the affected hip area or generalized hip pain.
Recall - What Next
The HSE has coordinated all the relevant organizations to ensure that all Irish patients will be identified and contacted over the coming weeks. It is not clear how long this process will take but it is likely that it will continue well into October if not November 2010. It is likely that all patients will then be reviewed with x-rays or scans and it seems likely that these reviews will continue on a yearly basis for the forseeable future.
Where patients are experiencing symptoms of pain or loss of mobility, further investigations may be necessary and in some cases it seems clear that a second hip replacement operation will be required to replace the defective device.
Who will pay for the medical expenses?
DePuy say that they will pay for the reasonable costs of revision surgery and the HSE are seeking clarification at present as to what precisely this means. From the patient`s point of view however, it is clear that for the moment DePuy are not volunteering compensation for the pain and suffering that their defective devices have caused. The first legal proceedings were issued in the United States in March 2010 and it seems clear that legal proceedings will soon follow in Ireland. Lynch and Partners Solicitors are currently preparing cases against DePuy and their Irish distributors and presumably many more will follow.
Compensation?
Patients who have been implanted with defective DePuy hip implants may have pain, loss of mobility and in some cases, soft-tissue injuries to muscles and nerves in the area of their hip. Many will require further surgery exposing them to all the risks associated with such major surgery including infection, adverse reaction to anaesthesia and a loss of opportunity for future hip replacements, a particular concern for the young and more active for whom these DePuy ASR products were specifically marketed. In all cases it seems certain that it will be necessary to bring proceedings against DePuy in Ireland for such compensation.
What Should you Do?
If you received an ASR hip implant and are experiencing any of these symptoms, you may qualify for compensation. Do not contact DePuy Orthopaedics or Johnson & Johnson without first talking to a solicitor with experience in Medical/Clinical Negligence cases in Ireland.
Lynch and Partners Solicitors is one of Ireland`s leading medical negligence and product liability practices. Contact John M. Lynch if you have a query or believe that you may be affected by the DePuy ASR device Recall. | .JPG)
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