In August, Johnson & Johnson issued a voluntary recall for up to 93,000 artificial hips that had been surgically implanted since 2005.
The popular hip implant, the DePuy ASR XL Acetabular hip socket implant system, has an unacceptably high rate of failure. In fact, according to one study, one in eight of the implants have failed.
"That’s really a terrible track record," said Richard Dodd, a senior partner with the Cappolino Dodd Krebs law firm in Cameron. The firm has extensive experience helping patients recover from the fallout of defective medical devices. "Most hip implants are given to older people for whom second surgeries can be life-threatening.
According to Dodd, symptoms of an implant failure include infection, bone fracture, dislocation and pain. In some cases, the implant can became loose in the socket which creates even more problems. Other complications of a failure of the DePuy Hip Implant include bone staining, necrosis, swelling, nerve damage, tissue damage and/or muscle damage. Increased metal toxicity from chromium and cobalt debris entering the blood stream of an unsuspecting patient can also lead to problems, even patients who have experienced no other symptoms.
Dodd said that many patients have received a recall notice, typically from the patient’s treating orthopedic surgeon, and urges patients to discuss any problems or symptoms with a doctor. Of note, the letter indicates that DePuy will pay for the medical examination and any medical follow up listed in an "Information for Patients" sheet which should accompany the letter.
The letter also includes a medical release form. Dodd cautioned patients against signing the release form without consulting an attorney about it.
"We’re finding that DePuy is using this private medical information to twist the claim back on the patient," he said. "I know it sounds strange but DePuy’s attorneys can and will use this information to build the case that the patient abused the implant."
Even if DePuy does cover the costs of a revision surgery, Dodd warned that a second hip surgeries are technically more difficult, take longer to perform, place the patient at risk of higher complications and take longer to recover from.
"That’s in addition to the pain and suffering, invasive surgery, risk for infection, general complications and even risk of death," he said.
Dodd urged patients who have had implant surgery since 2005 and know that it was a DePuy implant, to call your doctor right away. "Don’t sign anything that would let anyone other than your doctor have access to your medical records without first talking to an attorney."