DePuy Orthopedics, owned by Johnson & Johnson, manufactures artificial metal on metal hip implants. These devices were intended to reduce pain and improve function and range of motion for those with severe arthritis, among other conditions. However, our DePuy lawyers know that there have been thousands of reported problems with metal on metal hip implants. Johnson & Johnson has agreed to a multi-billion dollar settlement for 12,000 claims. Those who received an implant, had it for 180 days, and needed surgery to remove it before 2013 are eligible. If you were harmed by a DePuy Orthopedics implant or another defective medical device, the product liability attorneys at Moll Law Group are available to represent you in a claim. Billions of dollars have been recovered in cases in which we were involved.Establishing Liability for Harm Resulting from DePuy Orthopedics Implants
The National Joint Registry determined that within five years of implantation, ASR metal on metal implants fail 40% of the time. Many patients have had to undergo painful surgeries due to complications like severe pain, dislocations, and cobalt or chromium poisoning from metal flaking off from the device and entering the bloodstream.
DePuy has recalled two of its hip implants, the ASR Hip Resurfacing System and the ASR XL Acetabular System, which were implanted in about 95,000 patients between 2005 and 2009. These implants have been found to deposit metal flakes into patients' bloodstreams, resulting in high levels of chromium and cobalt. Patients have suffered symptoms such as difficulty walking, popping hips, and pain. Many elderly patients, who tend to have slower healing times, must undergo another surgery to remove the defective implants and replace them. During revision surgeries that have been conducted, doctors have discovered severe necrosis, ruptured tendons, and pockets of fluid in the hip.
It is alleged that the metal on metal hip implants are designed defectively. Design defects exist when there are design flaws in a product that render it unreasonably dangerous. In design defect cases, you need to show that a manufacturer could have adopted a reasonable alternative design. In order to establish this, you will need to retain an expert to testify that the alternative design was economically feasible, practical, and able to serve the same function as the original design. For example, in many of the hip implant cases, patients and DePuy lawyers will have to establish that DePuy could have used a safer alternative design for the hip implants that was not too expensive and did not disrupt the purpose of the implant.
If you successfully prove a product liability case, you may be able to recover compensatory damages. These are damages that are intended to make you whole, or as close to the position you were in before your injury as possible. Compensatory damages may be both economic and noneconomic. Economic damages include items such as medical expenses (such as the cost of revision surgery and a new hip implant), loss of income, and household services during your recovery period. Noneconomic losses, such as pain and suffering, emotional anguish, and loss of consortium, are more subjective.Consult a Resourceful DePuy Attorney
If you have received a metal on metal hip implant, you should get a blood test to make sure your metal levels are not elevated. If they are elevated, this may indicate a hip implant failure. If you require revision surgery or incur other expenses due to a defective DePuy Orthopedic hip implant, the product liability lawyers at Moll Law Group are available to guide you in seeking compensation. We represent injured consumers nationwide, including in states such as California, Florida, New York, Texas, Pennsylvania, Ohio, and Georgia. Call us at 312-462-1700 or use our online form to set up a free consultation with a DePuy attorney.