What is the DePuy ASR XL Acetabular System?
The ASR XL Acetabular System is a 3 component sys-tem comprised of: the femoral stem (which is inserted inside the femur); the femoral head (or ball) that connects to the stem; and then fits inside the acetabulum (cup). A unique characteristic of the ASR XL Acetabular system is that it is a metal-on-metal device meaning both the femoral ball and acetabula cup portion of the implant are metal.
What are the Common Problems/Symptoms with the ASR XL Acetabular System?
Swelling, component loosening, component misalign-ment, infections, bone fractures, dislocation, loss of mus-cle mass, unexplained hip pain, thigh and groin pain, pain when walking or rising from seated position, and clicking sounds. X-rays can also reveal metal debris, which can ultimately lead to inflammation of the surrounding tissue.
What Should I Do if I Received a Defective DePuy ASR XL Hip Replacement?
Always consult your doctor or physician regarding health-related issues, but if you or someone you care about received defective joint replacement components, we would like to speak with you right away. DO NOT SIGN A RELEASE FROM THE SURGEON OR DePUY. It is imperative that you do NOT sign the re-lease sent to you by your physician on behalf of DePuy. These releases will allow DePuy complete access to your medical records and allow them to obtain possession of the defective implant in the event it is removed.
When were these problems discovered?
The defects were first documented by the Australian Na-tional Joint Replacement Registry in early 2008. The evidence presented clearly demonstrated a very high rate of failure concerning this device. Australia withdrew this device from the market in December 2009. Researchers from a British study also reported problems with the met-al-on-metal implants causing adverse soft tissue reactions resulting from the friction of the metal-on-metal surfaces. These patients showed higher rates of wear and tear and soft tissue damage. The United States Food and Drug Administration did not participate in a recall despite this information.
Should I return to my physician who contacted me?
Perhaps. In our experience, most doctors have been very supportive of their patients. Doctors are ordering X-rays, MRIs, blood tests, and bone density tests. The-se tests are important.
Should I sign the documents my doctor gave me?
ABSOLUTELY NOT!!!!! There are different ver-sions of this document, but they allow DePuy to ob-tain your medical records and in some cases, obtain your defective device if it is removed. Your infor-mation will also be provided to DePuy's adjusters handling the claims.
What do I need to be doing?
First and foremost, continue your treatment regimen. Additionally, consider keeping a journal. We have found this to be extremely helpful in representing clients and it assists us in personalizing your claims when we have to present them for settlement or trial.
Do I have to go back to my doctor for this to be covered?
No: In fact, a class action has been filed against DePuy claiming they are misleading consumers. In that complaint, it is alleged:
"In our opinion, DePuy's 'offer' may deceive potential claimants into believing that the company has actual-ly agreed to advance or reimburse their costs for medical monitoring or revision surgery. In fact, no specific offer to pay medical costs has been made and no specific plan for reimbursement has been an-nounced. Moreover, DePuy has stated that before reimbursement of expenses will be provided, it will review the patient's medical records to determine if the patient meets DePuy's criteria for payment. Ac-cording to DePuy, the medical records must confirm that the revision is related to the ASR recall and 'not some other type of cause, such as a traumatic fall.' Blaming the device failure on a fall, or another cause, such as physician error, patient misuse, pre-existing condition or underlying diseases is a standard litiga-tion defense in these types of cases. Thus a patient who releases medical records to DePuy may do noth-ing but provide DePuy with a jump start on litigation defenses."
Even if you are currently not experiencing adverse effects of this defective hip implant, be careful letting DePuy dictate your care. Contact us immediately for a consultation.
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