DePuy ASR Hip Replacement Device Claims

The recent recall of DePuy ASR Hip Resurfacing System and ASR Total Hip Replacement products on the 27th August 2010 from the Irish market has meant that the 3500 patients who received these implants over the past five years will need to be reviewed, and of these, about 400 of those people will require revision surgery. This was due to the fact that these systems have shown a higher than expected failure rate of two of its models, the DePuy ASR Articular Surface System and the DePuy ASR XL Acetabular System.

The problems associated with the two hip replacement systems will differ from patient to patient, but the main cause of the DePuy ASR hip replacement recall in Ireland is the rate at which the implants shed debris. All hip replacement systems will create a little friction between the implant and the bone and sub-microscopic particles are distributed throughout the body. The rate at which the DePuy ASR replacement hip systems wear away at the remaining hip structure can lead to inflammation and infection, possible loosening or dislocation of the hip implant, and the potential for a hip fracture around the implant.

It is likely that DePuy Orthopaedics Inc, part of the Johnson & Johnson pharmaceutical company will face legal claims for potential liability under the Liability for Defective Products Act, 1991 for manufacturing a defective hip product, failing to warn these patients and doctors of problems with the implants and negligence in the design, manufacture and sale of the product.

Who is affected by the DePuy ASR Hip Replacement Recall?

At present, all hospitals are currently identifying which patients had hip replacement surgeries and are writing to these patients requesting them to attend the hospital and meet an Orthopaedic Specialist. Patients should also attend their GP to get a blood test done to identify any micro-particles of the system which are present in the bloodstream, an X- ray should also be taken to detect any physical faults. If these particles are found, patients should request that an MRI scan be performed as a matter of priority as metal ions in the blood may cause neurological defects, as well as the side effects mentioned above.

DuPuy Consent Form

Although DePuy Orthopaedics Inc are covering ‘reasonable and customary’ cost of ongoing monitoring and revision surgery to those affected, they have attached conditions to this in a DuPuy Consent Form that requires a patient give all medical records concerning the faulty hip replacement system and the faulty system itself over to DePuy Orthopaedics. By signing this consent form patients are relinquishing their right to claim further compensation for the personal injury suffered. We would advice those affected by this defective product recall not to sign the DuPuy Consent Form.

Making a claim for compensation At present, compensation claims have already being filed against DePuy Orthopaedics Inc in America and Australia. Under Irish Law an individual can only bring a claim against DePuy Orthopaedics Inc within two years from the ‘date of knowledge’ that the individual had a DePuy ASR hip replacement system implanted.

Due to the complexity of the issues involved, we would advise that you speak to a Personal Injuries Specialist as soon as possible if you intend make a claim for compensation following a hip replacement operation or if you have received notification from the HSE or DuPuy Orthopaedics Inc that you were the recipient of a DePuy ASR hip replacement system.

Healy O’Connor can assist you in bringing a personal injuries claim for compensation as a result of having a faulty DePuy ASR hip replacement system implanted, please feel free to contact us by email at healthlawteam@hoc.ie to get further information on the ASR hip replacement recall in Ireland and your entitlement to claim compensation.

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