Personal Injury News

DePuy Waited to Issue Recall Until Pressured By Lawsuit

Many companies in the past have waited until financial pressures forced them to issue a recall. Some people feel that DePuy Orthopaedics’ August 2010 recall of their ASR XL Acetabular System exemplifies this pattern, especially when you look at how the recall progressed:

  • 2005 – DePuy Orthopaedics introduces their device, which was granted without clinical trials using a 510(k) FDA clearance.
  • 2008 – FDA had processed over 400 complaints up to now regarding defective hips that failed at a rate of 12-13% in the first five years. 1 in 8, or 12-13%, of patients must complete a second, more dangerous surgery.
  • Early 2010 – ASR hips are pulled from the market. DePuy mentions decreased sales and an Australian Medical Registry study which revealed the higher rate of failure.
  • March 10, 2010 – The New York Times and London Times expose the high rate of failing hip implants.
  • June 15, 2010 – The first lawsuit against DePuy is filed by Kathleen Margunau of Florida.
  • July 17, 2010 – The ASR XL Acetabular System and ASR Hip Resurfacing System are recalled in an announcement by the FDA. DePuy releases a statement on August 26.

DePuy finally issued a recall only after hundreds of complaints arose, and research showed raised rates of failure. The final straw came when a lawsuit was filed against them. Two years of evidence stacked up against DePuy, yet they held off on issuing a recall which could have saved many people from suffering. As a DePuy hip implant recall attorney, I hope those who have been affected by the DePuy hip recall seek medical attentional as well as talking with a DePuy hip recall lawyer.

Comments are closed.