DePUY ORTHOPAEDICS ATTEMPTS TO IMPOSE UNFAIR TERMS ON RECALL PATIENTS

After receiving hundreds of complaints DePuy Orthopaedics, Inc. finally announced a recall of its ASR hip replacement systems a little over a week ago.  This system has a very high rate of failure (which will probably grow significantly as a consequence of the recent publicity surrounding the nationwide recall), and many of the victims of these failures will have to undergo a second course of painful surgery to remove and replace the defective hip.

While concerns had been expressed about the difficulties arising in relation to the ASR systems for some considerable time, until its recent high-profile recall DePuy had been blaming the doctors who implanted the products for the complications which arose after surgery.  DePuy went further by claiming that patients were themselves culpable, suggesting that they conducted themselves so as to contribute substantially to their own injuries and damage.

It has been suggested by some experts that DePuy’s design of the acetabular cup is the reason for the failures, with the ASR cup being shallower than equivalent components in some other competing hip implants.  Irrespective of what is giving rise to the alarmingly high failure rate, DePuy has clearly known about these probems for some years now and should have recalled this dangerous product from the market when it first learned of the defect.

DePuy now has the audacity to tell those patients who have been fitted with the ASR XL Acetabluar hip implant and ASR hip re-surfacing system equipment they will not receive any compensation unless they first return the faulty device together with all medical records and a signed consent form to DePuy, at which point the company has stated that it will re-imburse the cost of treatment.

This is an outrageous attempt by DePuy to insulate itself against the legal exposure for medical negligence and liability for dangerous and defective products which it now (quite justifiably) fears having regard to recent developments in the US.  Johnson & Johnson (which is DePuy’s parent company) has been sued by a California construction worker who received two Acetabular hip replacements.  According to legal papers which have been filed he is claiming to have suffered pain, swelling, inflammation, infection and damage to surrounding bone and tissue due to defects with the hip replacement mechanisms.  DePuy faces similar suits in state courts in Los Angeles and in a federal court in New Jersey.

DePuy is not offering to pay for the cost of treatment out of the goodness of its heart.  If it has supplied you with a defective product it has a legal liability to you and you will be entitled to recover the costs of treatment together with damages for pain and suffering.

We would therefore strongly recommend that you should not sign any consent forms or comply with any other instructions or stipulations which DePuy attempts to impose upon you before making contact with us so that we can give you an assessment of your prospects of bringing a successful medical negligence claim against DePuy.

If you wish to discuss your case with a solicitor call John McCarthy now on 023 883 3348 or email him at john@mccarthy.ie to arrange a free initial consultation to discuss your case.

In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

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*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

John specialises in personal injury and medical negligence claims. His practice focuses on high value compensation cases. He has extensive experience in this area of litigation for over 10 years. Read more