In order to determine if you might have a case or claim against DePuy Orthopedics for the receipt of a defective hip implant, you will have to make the following determinations:
First, you will need to see if the hip implant you received was included in the 2010 DePuy Orthopedics recall:
The best way to look into this matter is to contact either the physician who performed your procedure or the facility where your procedure was performed. Your treating physician and/or the institution should have access to the medical records that are relevant to ascertaining what type of implant you received. The official DePuy Orthopedics Recall language refers to the DePuy ASR XL Acetabular System and/or the DePuy ASR Hip Resurfacing System. Click here to learn more about the DePuy Hip Recall.
Please note that even if your implanted device does not fall under the official DePuy recall, you may still have a case, and should consult a qualified attorney about your specific circumstances.
Second, if it turns out that you were the recipient of one of DePuy’s recalled hip implant devices, you should schedule a consultation with your physician immediately to assess your level of injury:
Your physician will be able to make an assessment as to whether or not your hip implant is functioning properly, as well as whether or not you are a candidate for “revision” surgery. Some common side effects associated with a malfunctioning hip implant include, but are not limited to hip pain, swelling, infection, mobility issues, displacement and or dislocation of the implant, fractures, etc. Click here to learn more about the Dangers of the Implant.
Please note – Even if you are not experiencing any of the aforementioned side effects from your recalled hip implant, you may still have a case, and should consult a qualified attorney about your specific circumstances. A defective hip implant could very well not have caused you any problems to date, but could be a proverbial “ticking time bomb” in your body. The faulty “metal on metal” design of the implant has been shown to disperse shards of metallic debris into the bloodstream over an extended period of time. This “blood poisoning” consists of elevated levels of Chromium and Cobalt in the blood, and can have long term, catastrophic consequences for your health.
Third, you should contact a qualified attorney who is familiar with the DePuy litigation for a consultation on your case. YOU SHOULD NEVER CONTACT DEPUY ORTHOPEDICS WITHOUT HAVING CONSULTED QUALIFIED COUNSEL FIRST. The reason behind this logic is simply that DePuy Orthopedics has not been entirely forthcoming about this defective product. There is evidence to indicate the DePuy either knew or should have known about the problems with its implants for some time before moving forward with its official recall. Even their website only goes so far as to indicate that it will reimburse patients for “reasonable and customary” costs associated with any required medical care or treatment. This type of ambiguity in their policy combined with their past history may not inspire much confidence in dealing with DePuy without legal representation.
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