Personal Injury News

NY Times ASR Hip Recall Article – Good But Late to the Punch

If you happened to be reading your New York Times newspaper this morning you probably noticed the great Depuy ASR Hip Recall article titled “The Implants Loophole“. If not it’s worth a look that’s for sure. The writer no doubt did a lot of investigation into the current hip replacement recall but, if you have been keeping track of our website, you know the article is a little late to the punch.

You no doubt know the facts but here a the summary of the DePuy hip recall. DePuy Orthopaedics, owned by Johnson and Johnson, issued a product recall on its ASR XL Acetabular and ASR Hip Resurfacing systems back in August of this year. The system was supposed to last more than 15 years but a major study showed that 12-13% of DePuy Orthopedics’ hip replacement patients will need a second hip replacement surgery (called revision surgery). This has become a huge issue not only because of the amount of hips installed here in the United States but because of the very deceptive and despicable ways DePuy has handled the recall.

The New York Times article stated that officials at DePuy said the following “In the past, they have said that the company moved promptly to take appropriate action on the A.S.R.”

The only thing DePuy moved promptly on was paying doctors to get their patients to sing up with Broadspire (part of the world’s largest insurance adjusting company) to get their claims handled. “Handled” in this case means Broadspire uses medical records and any testing done on a client’s behalf to build a case AGAINST the victims of the ASR hip implant system. This is done so that DePuy pays the MINIMUM amount and goes through the minimum effort to make things right for their victims. Then if the victims of the DePuy ASR hip implant system are not showing symptoms of the defective hip replacement system the person signs some papers waiving their rights if anything ever does happen.

This all comes after the fact that DePuy took almost a year to pull the defective hip implant off the market in the United Sates AFTER it was pulled from Australia. Did DePuy really think the same defective hip implant that was recalled in Australia was really ok to keep selling and implanting in victims in the United States?

The DePuy hip recall is also more proof that time and again the government regulators put the interest of big business in front of the safety of the American people. How is it possible that a major medical device was pulled from such a major country and it took over a year for the same to happen in the US?

When the FDA failed to protect the victims of the hip recall, people should now have the right to seek justice in the courts and should not be limited. The only way a victim of the Johnson and Johnson DePuy Hip Implant can ever get their full rights is to hire a personal injury law firm that is has the experience and resources to fight a multi-billion dollar company like DePuy. Otherwise people will not only become victims of the defective ASR hip implant, but victims of an the insurance adjuster hired by the same company to pay and do as little as possible about the horrible situation they have put upon people.

It may sound like I am making DePuy to be the bad guy, well guess what, they are. Not only did they make a faulty product and left it on the “shelves”  for consumers to use after it was well known that the product was dangerous, but the way DePuy is trying to “fix” the problem is deplorable. It’s my honest opinion that every single person who is having problems with their ASR hip replacement system should not even be allowed to handle their case without a third party product liability attorney fighting for them.

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