In the past, few hip replacement surgeries were performed on people younger than the age of sixty under the theory that older people tend to be less physically active, therefore would place less stress on the artificial hip implant. Over the past decade, however, doctors have been more willing to consider hip replacement surgery in younger people who suffer from chronic inflammatory diseases such as rheumatoid arthritis or those who have had injuries, fractures or bone tumors. Hip replacement surgery can result in a decrease in pain, an increase in range of movement and an improvement in overall quality of life.
Although the basic design of hip implants hasn’t been dramatically changed, the materials they are constructed of has evolved in an effort to create a hip replacement implant which would last much longer. Metal hip implants seemed to be the ideal answer to the problem, and in 2005 the FDA approved the DePuy metal-on-metal design. Unfortunately reports of adverse events related to the metal-on-metal design began surfacing rather quickly and over the following years both DePuy and the FDA received hundreds of complaints related to the ASR hip implant. Most of these complaints eventually resulted in early device failures requiring the removal of the device.
The life expectancy of a metal-on-metal hip implant is approximately 15 years, yet the ASRs are failing at a much higher rate and much earlier than other similar metal devices. In fact, some experts in the field believe the failure rate of the ASR is nearly 50% despite DePuy’s claims of 4-5% failure. DePuy finally issued a recall of the ASR device on August 26, 2010. There is a multi-district litigation for victims of the ASR in Ohio which has approximately 4001 plaintiffs, a smaller mini-state litigation in Chicago with approximately 600 plaintiffs and another in California with close to 1500 plaintiffs. The problem with these numbers is that it is estimated that there are 43,000 people in the United States with ASR metal-on-metal hip implants and considering these implants could have as much as a 50/50 chance of failure and that the Statute of Limitations is about to run, it’s imperative that all ASR recipients be reached.
Even in those who are presently experiencing no difficulties with their ASR implant, there is a very high likelihood that they could begin having problems down the line. Unfortunately, should those people have neglected to consult an attorney and join in the multi-district litigation against DePuy they may find themselves in a very difficult position both financially and medically. It’s very important that each and every recipient of a DePuy ASR hip implant have a thorough understanding of the symptoms of hip implant failure, as well as how to determine whether their implant has failed, is in the process of failure or has a high potential for failure. Many recipients of the device are unaware of the recall, or believe it does not include them if they are currently having no problems.
Additionally, many DePuy ASR hip implant recipients are elderly and may not complain even when they are suffering severe pain, inflammation or having difficulty walking. In fact, the U.S. Drug Watchdog fears there are literally thousands of ASR hip implant patients living in pain, yet unaware of the recall or believing they do not qualify to take part in the lawsuits. Hip implant failure symptoms can include pain in the hip region, problems walking, a lack of flexibility or the total inability to walk and participate in and enjoy former daily activities. Further, when the metal-on-metal parts rub against one another tiny metal cobalt and chromium ions shear off and travel throughout the body. In some cases these metal particles imbed in surrounding tissues and cause severe pain and inflammation while in other cases they enter the bloodstream. Although there is no hard data regarding the potential for harm of these metals in the bloodstream, patients have complained of a variety of issues which are likely related to the cobalt and chromium.
Cardiovascular, neurological, kidney and thyroid problems have been medically documented for those with metallosis while others have experienced hearing issues, balance problems, memory loss and skin disorders. These symptoms may not have manifested in some of those recipients of the ASR however there is a large probability that they will do so in the future. The Statute of Limitations runs out this August 26th for those who live in states which operate under the two-year statutes.
Andrew Sullo, Class Action Lead Counsel & Managing Partner at Sullo & Sullo cautions ASR recipients “The message we need to put out is that you may be 1 out of 37,000 people with little or no pain or symptoms now, but if you do have pain or symptoms two years or five years from now and your Statute of Limitations has run, then there is nothing anyone can do for you.” Sullo adds that what you will need in the future is protection—financial protection, medical protection and pain and suffering protection. Don’t wait until it is too late—get the information you need so you can make an informed decision regarding your ASR implant.