After DePuy issued its recall notice, it sent a letter to doctors and clinicians and informed them that DePuy was willing to pay for their patients’ hip revision surgeries, BUT DePuy conditioned its offer on getting back the defective hip implants. (Here’s the web address for DePuy’s letter – http://asrrecall.depuy.com/sites/default/files/DPYUS1%20Recall%20Notice.pdf)
Never mind the fact that the patients with the defective hardware are the owners of the defective hardware, the real problem is that the explant is critical evidence in the effected patients’ cases against DePuy.
The hardware is critical evidence because it will allow an expert to determine whether the hip malfunctioned because of DePuy’s defective design and materials or whether the patient’s lifestyle caused the hip problems. Obviously, DePuy will argue in response to lawsuits that the damages patients suffered are their own fault (or that of their doctors) and are not the fault of the manufacturer.
Hold on to your DePuy explants! You do not need to agree to DePuy’s demands to get the health care and compensation you deserve. If you have DePuy’s ASR XL Acetabular Hip System or ASR Hip Resurfacing System, do not sign any paperwork from DePuy and do not agree to release the DePuy explant without consulting with Bill Robertson, 941-364-2400.Kurt E. Lee