FAQs about DePuy Hip Recall in general
93,000 people have received DePuy hip implants since they were released in 2003. DePuy claimed the metal-on-metal design would eliminate many of the problems other models caused. DePuy intended for its design to last longer and require fewer surgeries over time, lowering the risk to the patient and causing less trauma to the surrounding tissue and bone overall.
Those promises are the opposite of what actually happened.
The evidence indicates that DePuy knew its implants were failing at an unusual rate but waited years before notifying the public and issuing a recall. During that period, a presently unknown number of patients received faulty implants - along with the health risks associated with metal poisoning, bone and tissue deterioration, pain and suffering and increased need for early future surgeries.
The worst part? We believe DePuy rushed the product to market without sufficient testing. In fact, the company told the FDA that their device was so close to another FDA-approved product already on the market that the FDA approved the device without actually testing it. The FDA is allowed to do this under the preapproval standard; however, the company still needs to give an accurate portrayal of their product. Considering that the DePuy hip implant is failing at a much higher rate than the product to which it was supposedly near-identical, we believe DePuy misrepresented their product to the FDA, the doctors who would be installing it and to those patients who received it.
Evidence shows that the hip implants are failing at much higher rate than competing products and that the health risks to patients are significant.
We anticipate that many of the people who received DePuy hip implants will suffer severe health consequences as a result, and for those that hire us, we intend to seek compensation for their medical bills, unnecessary pain, disability and lost mobility as well as lost income where appropriate.
If you received a DePuy hip implant and want to receive fair compensation for what you have already endured as well as what you may endure in the future, we believe you should. At the very least, we encourage you to become better informed about the health consequences for the future. Even if you choose not to hire us, we’ll do our best to inform you of the health risks and your options moving forward.
We will be representing patients with DePuy hip implants under a 40% contingency fee agreement and advancing the expenses of pursuing the case, which means you will not owe us any attorneys' fees or case expenses unless we make a recovery on your behalf. The 40% will be calculated from the gross recovery and expenses will be deducted after the attorneys' fees from the client's share.
Note, some states have laws that limit the percentage of attorneys' fees in cases like this and in those states, such laws will control our fee.
We do not believe you are in an emergency situation, nor do we believe you have any reason to panic. However, the medical risks of your hip implant are such that you should immediately give both your doctor and our offices a call. Between the two of us, you should be able to obtain sound medical and legal advice about your situation.
We are not going to sue anyone's doctor.
To the best of our knowledge, the medical professionals who used DePuy implants for their patients acted in good faith and with reason to believe the was suitable for its intended use and appropriate for your condition Our investigation indicates this device was promoted as the "Rolls Royce" of hip implants: more expensive, but also much better quality and longer lasting. Doctors recommended the hip implant on the strength of those claims. We believe they, like you, were misled by DePuy, which withheld important information about the device.
We don't believe your doctor should have to suffer the consequences for DePuy's actions.
DePuy was negligent and DePuy should be held accountable.
The new DePuy hip implants have a ball and socket that are both made of metal. DePuy claimed its metal-on-metal hip implants would last longer than other alternatives on the market (plastic or ceramic models, for example).
Some combination of the design and manufacturing, however, appears to have caused extra friction between the ball and the joint. This made the implant's metal wear off and float around in the surrounding tissue.
This friction releases metal into the surrounding tissue and, over time, may cause severe pain and even metal poisoning.
Metal poisoning can cause spontaneous dislocation, nerve palsy, masses, rash, groin or thigh pain, fatigue, or intense pain at the site of the replacement. Other potential problems you may experience are black tissue stains, pseudo-tumors, progressive bone deterioration, tissue and muscle necrosis, infections, and a brownish fluid developing around the hips.
Bone deterioration is one of the symptoms of metal poisoning, but it is also a natural side effect of receiving a hip implant of any kind. Your doctor likely explained this risk when you first consulted him or her about getting a hip implant. Your implant is made with a rough surface with lots of pores in it so that the surrounding bone can grow onto the implant over time and make it secure. If you end up needing a revision surgery, some of the bone will be removed too because it has grown onto the implant. This means you have less bone - and what you have left is often not as quick to grow onto a new implant.
If you agree to DePuy's terms for hip replacement, it is very likely that you will have to waive your right to receive any other compensation from DePuy. For example, you will not receive any compensation for increased disability or the pain, suffering and anguish you have endured to date and will likely endure as a result of any revision surgery.
Moreover, you will not receive any compensation for future medical bills, lost wages or other out of pocket losses.
It's easy to think that compensation isn't worth pursuing, especially when you may not experience the health consequences for years. However, please do note the multiple risks to your health and consider how devastating it would be if you had to be hospitalized to handle them in five years.
We don't know. Your doctor is the best source of information regarding how well your implant is functioning, so we encourage you to contact him or her.
Call our offices at 1-800-730-7607. We have people standing by to answer your questions and explain your options in greater detail.
We'll help you determine whether you received a DePuy hip implant and if so, advise you of your legal rights to receive fair compensation. We can also give you an idea of what to expect if you decide to hire us and pursue a lawsuit against DePuy.
The bottom line is that we're here to help, and we're happy to give you our best advice even if you choose to hire someone else or decide not pursue the lawsuit at all.
. You’re also welcome to browse our site and learn a little more about our current cases and how we approach mass action suits.