About the DePuy Hip Recall in the USA

Ever since DePuy Orthopedics announced the recall of their  ASR XL Acetabular Hip Replacement System in August 2010, DePuy hip recall compensation lawyers have been compiling the strongest possible claims on behalf of their clients to ensure those who have sustained an injury attributable to the defective hip implants receive the maximum amount of DePuy hip recall compensation to which they are entitled.

The recall of the defective hip implants was initiated after a “higher than expected” failure rate was acknowledged by DePuy Orthopedics — a failure rate which was blamed on friction between the metal components releasing microscopic particles of chromium and cobalt into the bloodstream, which would then damage the bone and soft tissues to which the defective hip implant was attached and cause it to become unstable.

A significant amount of pain and lack of mobility was suffered by those who fell victim to the defective implants due to the necessity for revision surgery; and DePuy hip recall compensation lawyers compile each DePuy hip recall compensation claim to individually account for the consequences of the injuries that have been sustained. If you, or somebody close to you, has sustained an injury due to a recalled DePuy hip implant, you should speak with specialist DePuy hip recall compensation lawyers at the earliest possible opportunity.

Entitlement to DePuy Hip Recall Compensation

Even though the defective hip implants are medical devices, claims for DePuy hip recall compensation are being made under product liability law rather than medical negligence law. Therefore, in order to be entitled to DePuy hip recall compensation, it has to be established that:-

  • The DePuy hip implants were faulty when you first received them
  • The DePuy hip implants were directly responsible for causing an injury
  • The DePuy implants were faulty when they were first introduced to the market

Inasmuch as DePuy hip recall compensation lawyers can provide overwhelming evidence that the defective hip implants were faulty when they were first introduced to the market and therefore when you first received them, if an injury has been caused by surgical error or an unconnected infection, you will not be entitled to make a claim for DePuy hip recall compensation — although other avenues of seeking compensation will be available and you should discuss these with a USA medical negligence lawyer.

The results of blood tests, the explanted faulty hip implant and your medical records should be sufficient to confirm your entitlement to DePuy hip recall compensation, but if further evidence is required, DePuy hip recall compensation lawyers will be able to advise you once your claim has been assessed.

How Much DePuy Hip Recall Compensation Will People Get?

Your lawyer will discuss your entitlement to compensation in detail with you once it has been established that you have a claim for DePuy hip recall compensation which it is worth your while to pursue. Although DePuy Orthopedics Inc have admitted liability for their defective hip implants, their offer of compensation only covers medical expenses related to testing for defective hip implants and revision surgery plus ‘reasonable’ travel expenses and any lost income during surgery. Your lawyer will construct the strongest possible claim on your behalf which will cover compensation for the physical pain you have experienced and be prepared for litigation in court if necessary.

Each DePuy hip recall compensation claim is calculated individually according to a number of factors:-

The Extent and Severity of Your Injury — The level of injury attributable to defective hip implants can range from inflammation and pain surrounding the implant area to neurological and cardiovascular health problems — which have a much greater significance to the victim.

The Damage Caused by System Toxicity — Although every patient who undergoes revision surgery faces a painful experience from which it may take a long time to recover, surgery for those who have suffered considerable tissue damage will be more complicated.

Your Employment Status — As a lengthy period of recovery will negatively impact the financial of patients who are still working, and loss of income and lost opportunities (overtime, promotion, pension contributions etc) will be taken into account by your lawyer.

Your Age, Gender and General State of Health — It is more likely that you will recover quicker from revision surgery if you are younger and in a good state of general health. Women with smaller hip bones may require a longer period of rehabilitation before returning to an active lifestyle.

Your Loss of Amenity — The effect that revision surgery can have on healthy, active people can be considerable. If you are unable to participate in day-to-day activities and leisure pursuits during an extended recovery period, boredom can develop into depression — a psychological injury which can be integrated into a DePuy hip recall compensation claim.

Other Psychological Injuries — DePuy hip recall compensation lawyers will consider any quantifiable psychological trauma that affects your state of health. This could be worry about undergoing another major operation, concerns regarding the results of a blood test or, once a blood test reveals a high level of system toxicity, justifiable anxiety about your future health.

What About Other Metal on Metal Defective Hip Devices?

DePuy hip recall compensation lawyers are able to provide legal representation for patients wishing to make compensation claims for metal on metal defective hip devices other than the  DePuy recalled hip replacement systems – even if the defective implant has not yet been withdrawn. Class action suits are already in motion for the following defective hip devices:-

  • Biomet Orthopaedics — M2a Magnum Hip Replacement System
  • Wright Medical — Conserve® Plus and Conserve® Total Hip Replacement Systems
  • Smith & Nephew — Birmingham Hip Resurfacing System
  • Stryker Corp. — Trident Hip Implant System
  • Zimmer — Durom Cup Hip Replacement System
  • DePuy Orthopaedics — Pinnacle Hip Replacement System

Depending on your personal circumstances, it may be better to join an existing class action suit or have your lawyer prepare an individual claim on your behalf. Again, this is something which should be discussed with a lawyer once you have had an assessment of your eligibility to claim compensation.

Speak Directly to DePuy Hip Recall Compensation Lawyers in the USA

For individual advice, specific to your model of defective hip implant and relative to your personal circumstances, it is recommended that you speak with DePuy hip recall compensation lawyers at the earliest possible opportunity. DePuy hip recall compensation lawyers will talk you through the process of making a claim for DePuy hip recall compensation, advise you of any costs involved and assess your claim for DePuy hip recall compensation.

To defer calling DePuy hip recall compensation lawyers could cost you your entitlement to DePuy hip recall compensation.