The question in many minds after hearing of the DePuy ASR hip replacement recall is Why did DePuy continue selling the devices in America two years after pulling them from the Australian market for defective parts and materials? That is a question DePuy will have to answer in court. Many people who experienced problems with their hip implants before the devices were recalled in August 2010 didn’t even know the problems were due to the implant itself.
Hundreds of lawsuits against the company claim that they should have pulled the devices from the market years earlier when reports of device failure began mounting. A lawsuit was also filed on behalf of 13 patients from Illinois and Indiana, all of whom required second surgeries to have DePuy ASR hip replacement implants removed.
The lawsuit alleges that DePuy should have issued a recall when the company discovered issues with the metal-on-metal designs; however, DePuy did not properly test the devices before they were issued for use in patients.
A Louisiana Record article reports on a Georgia resident who has filed a lawsuit in a New Orleans Federal Court against DePuy and parent company Johnson & Johnson over the defective hip replacement devices. The plaintiff claims that his hip replacement surgery went extremely well, but that “he experienced pain and extreme weakness in his hip and quadriceps despite ideal conditions for the hip replacement,” the article said.
DePuy is accused, in many lawsuits filed around the country, of failing to warn of the high rate of failures of its ASR cups, negligently designing, manufacturing, labeling and distribution of the device, strict liability for defective product, breach of implied and express warranty,” the article continued.
Massey, Michelle. (October 12, 2010) “Lawsuit alleges Depuy hip replacement device is defective.” Retrieved on October 21, 2010 from the Louisiana Record.