St. Louis, MO (Vocus) November 11, 2010
The attorneys at Onder, Shelton, O'Leary & Peterson, LLC have set forth what they consider to be the five most vital issues that persons with the recalled DePuy ASR hip replacement systems need to know about. On August 26, 2010 DePuy Orthopaedics, Inc. a Johnson & Johnson subsidiary, announced the recall of more than 93,000 hip replacement systems, which impacts more than 30,000 Americans who received a hip replacement from 2005 through 2010. The ASR line of DePuy's hip replacement systems are part of a metal on metal class in which normal wear of the device is known to release metallic debris. Although not part of this recall, the DePuy Pinnacle line is similar in design and the law firm has received numerous inquiries from persons with that hip replacement system that are experiencing problems similar to those with the ASR line.
After consultation with hundreds of recipients of the recalled DePuy hip replacement systems and then conducting their initial investigations on behalf of their many DePuy hip recall clients, the attorneys at Onder, Shelton, O'Leary & Peterson, LLC feel that every person with this hip replacement system needs to know the following:
1) Persons with ASR hip replacements should insist upon blood tests because they are the most indicative of failure. The implant can appear fine on x-rays and MRIs, but still be rubbing and releasing cobalt and chromium into the body.
2) Doctors are being wined and dined by DePuy and rumors abound that they are being paid to have their patients call DePuy's claims settlement company, Broadspire, and receive a claims number and to sign a medical release form. It is our recommendation that anyone with the DePuy ASR hip replacement system get a second opinion from a doctor not closely allied with DePuy as a safeguard to their long-term health.
3) Most DePuy hip recall settlement offers are for insurance co-pays and deductibles. Under Federal Medicare Regulations, and under ERISA health insurance programs, the patient can actually be responsible for reimbursing the cost of medical treatment if they obtain recovery from a third party. By offering to pay co-pays and deductibles, as opposed to the entire cost of treatment, DePuy may be creating significant legal liability exposure to the patients who have received the DePuy ASR Hip Replacement System. More information can be found on the firm's DePuy hip recall FAQ's page.
4) Some orthopedic experts have predicted that 100% of the DePuy ASR hip replacement systems will fail within 10 years of use, so regardless of how the device is performing at the moment, it is extremely important not to sign away rights for future problems that may occur.
5) Those that require a revision surgery should not release implant to DePuy after removal because their “tests” can actually damage the implant, which renders it ineffective as evidence in proving it as the true cause of the problems that may have led to its removal.
Onder, Shelton, O’Leary & Peterson, LLC is a St. Louis based personal injury law firm handling serious injury and death claims across the country. They are experienced DePuy hip recall attorneys offering free legal consultation with a to all persons who have had a hip replacement with the DePuy ASR XL Acetabular or Pinnacle Hip Replacement Systems. Onder, Shelton, O’Leary & Peterson have represented clients throughout the United States, and other firms throughout the nation often seek its experience and expertise on complex litigation. It is a recognized leader in products liability cases such as window blind cord strangulation and pharmaceutical litigation. They have established a DePuy hip recall information web site at http://www.depuyhiprecallattorney.com.