Posts Tagged ‘explant’

DePuy Hip Replacement Systems Recall

Friday, January 28th, 2011

If you received a DePuy ASR XL Acetabular System or an ASR Hip Resurfacing System, DePuy or Johnson & Johnson may have already contacted you.  Indeed, DePuy or Johnson & Johnson may have even sent you a notice and other documents regarding the August 2010 recall of these medical devices.

You should speak with a lawyer about your options before seeing a doctor and signing any documents provided by DePuy or Johnson & Johnson.  The documents from DePuy or Johnson & Johnson may include a waiver which might prevent you from receiving compensation should you experience any medical complications in the future.  The paperwork may also require you to give up your explant as a condition to having DePuy or Johnson & Johnson pay for some of your medical bills.

The compensation being offered by DePuy and Johnson & Johnson may not fully cover your medical bills following hip replacement surgery.  The offered compensation does not cover many blood tests or diagnostic tests that a doctor may want to order to ensure you are healthy and to check for a serious condition assocaited with the devices known as  “metallosis.”  The initial offer may also not cover damages for your pain and suffering, lost wages, and loss of earning capacity.

Your hip replacement surgery was a traumatic experience.  DePuy and Johnson & Johnson should be required to compensate you for making you go through this experience again. 

Call Bill Robertson regarding your options before signing any paperwork provided by DePuy or Johnson & Johnson.  Bill’s phone number is 941.364.2400 or 941.364.2433.

Hold On To Your DePuy Explants

Monday, January 3rd, 2011

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.