Product Liability Lawsuits Caused By DePuy Hip Replacement Recall
It is now evident that the DePuy hip recall was mainly due to the fact that the manufacturer did not properly test its products. Even more damaging is the fact that DePuy delayed the recall as long as possible instead of acting promptly with the first signs of trouble. As far back as 2008, the U.S. Food and Drug Administration had received 300 complaints over DePuy’s hip implants, while a report from the Australian National Joint Replacement Registry showed that the same implants failed within five years 12 to 13 percent of the time. Victims of the DePuy hip replacement recall can now start to question what legal options are available for them.
The two defective DePuy implants currently involved in the recall are the ASR XL Acetabular System and the ASR Hip Resurfacing System. Failure of these two hip replacement systems is due to a phenomenon identified as “edge-loading”. This is caused from friction between the metal components of the implant that releases particles of chromium and cobalt ions which affect the surrounding tissue. Consequently, the implant may weaken, fracture, and result in failure. These metal particles circulating in the bloodstream cause a condition known as “metallosis” in which the particles incite a hypersensitivity, inflammatory reaction potentially affecting the cardiovascular system as well as causing neurological damage.
In order to define a product liability lawsuit, the plaintiff must be able to show that the defendant’s product caused damages by (a) a design defect, (b) a manufacturing defect, or (c) failing to warn consumers of the underlying dangers the product causes. With regards to design defect, the plaintiff must show that DePuy utilized design methods that were significantly more dangerous than previous designs, and also that they did not properly test the product. With regards to product disclosure, it must be proven that DePuy was aware of the defects in the hip implant, but failed to initiate a recall in an appropriate and timely manner. These stipulations are applicable to the DePuy hip replacements since they present a design defect in the hip replacements and the fact that the company failed to warn consumers about these defects.
Patients believing that they may have a product liability case against DePuy should seek experienced legal counsel as they may be entitled to punitive damages. For information regarding ongoing litigation, visit the DePuy recall website.