DePuy Orthopaedics’ not testing its products adequately which resulted into the product recall was what spurred victims to file DePuy lawsuits. Even more detrimental is the fact DePuy delayed the recall as long as possible instead of acting appropriately at the first sign 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. It is at this point that victims of the recall should start questioning the legal options that are available to them.
The two defective DePuy implants currently involved in the recall are the ASR XL Acetabular System and the ASR Hip Resurfacing System.The problem with these two systems is that they are susceptible to a condition known 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. For a successful argument regarding design defect, the plaintiff must demonstrate that DePuy did not sufficiently test the product or utilized design methods that were significantly more dangerous than previous ones. 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 who believe that they have a product liability case against DePuy may be entitled to compensation and should consult an experienced lawyer handling these types of cases. Information regarding ongoing litigation may be found on the DePuy hip replacement recall website.
Tags: Health and Fitness