November 28, 2012

The DePuy ASR Hip: Even if You Have No Pain,You Should Consult With an Attorney

The failure rate of the DePuy ASR hip implant system was stated by the company at the time of the August, 2010 recall as being 12%--high for hip implants under any circumstances. A 2011 article in PubMed.gov, however, placed the failure rate of the ASR resurfacing implant at 25% at six years and 48.8% at six years for the ASR total hip replacement system.

Further, in this particular study, 26.1% of the ASR patients in this particular study had serum cobalt and chromium concentrations greater than 7 parts per billion. A normal person will have 0.5 parts per billion of cobalt and chromium in their bloodstream, occurring naturally, and most doctors consider any levels beyond 5 parts per billion to be excessive.

When the metal parts of the ASR rub against one another, metal ions are released which can become lodged in the surrounding tissues or enter into the bloodstream. Those that lodge into the hip tissue can cause pain for the implant recipient as necrosis of the tissues occurs. In some cases ASR recipients will experience total failure of the hip implant due in part to the manner in which it is attached. The ASR uses no screws, rather depends on the bone to properly grow around the implant through its porous surface. As of August, 2012, two years following the recall, only about 8,000 ASR implant recipients had joined in the lawsuits against DePuy and Johnson & Johnson. Should the failure rate of the ASR actually reach the 48.8% estimate, this means that out of the approximately 45,000 ASR’s implanted in the United States there are potentially many more which can reasonably be expected to fail or cause serious health issues in the future.

What this means for recipients of the ASR who have not yet experienced pain or other problems from the hip implant is that there is a very good chance they will have problems in the future. In twenty six states the Statute of Limitations for lawsuits against defective products is two years. For many, that SOL has run, yet an attorney may be able to argue that the recipient was unaware of the recall of the ASR. Those who have been implanted with an ASR could suffer symptoms of metal toxicity in addition to tissue damage, inflammation and pain. Excess amounts of cobalt and chromium in the body can lead to neurological, cardiovascular, renal and thyroid disorders, vision and hearing loss, gastrointestinal issues, skin disorders, balance disturbances, and mood disorders such as anxiety, irritability and depression.

Whether you have yet experienced pain or other problems as a result of your ASR hip implant, it is important that you receive medical and legal advice. You will want to speak with your physician and have blood work done to determine the levels of cobalt and chromium in your body, and will likely also have a bone scan, x-rays and MRI to check for inflammation, bone loss and tissue degradation. Your attorney will look at the facts and circumstances surrounding your ASR hip implant as well as your current state of health in order to determine whether you are eligible to file a lawsuit against DePuy and its parent company, Johnson & Johnson.

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