Personal Injury News

Warning to ASR Patients Who Haven’t Suffered Implant Failure Symptoms

The recall of the DePuy ASR hip replacement system has been described as one of the biggest disasters in orthopedic history. Thousands of ASR hips have already failed, resulting in significant pain and disability for patients, and necessitating hip revision surgeries years before they would otherwise have been necessary. Many hip replacement recall victims have already filed claims against the manufacturers of the ASR hip—Johnson & Johnson and DePuy Orthopaedics—seeking compensation for their injuries.

At the same time, many patients who received a defective ASR hip implant have yet to experience a failure. And still other patients have not experienced any significant pain and disability. But, of course, the fact that an ASR hip recipient is asymptomatic now is no guarantee that the hip will not ultimately fail, requiring a painful revision surgery. In fact, the British Orthopaedic Association has reported that up to 50% of ASR hips fail within six years of being implanted. This statistic is particularly chilling when you consider that most hip replacement devices last 15 to 20 years, and longer.

Patients who have received an ASR hip, and who are not currently symptomatic, face complicated legal issues. Many such patients may be hesitant to contact an attorney because their ASR hip has not yet been replaced. But it is critical to understand that each state has laws which limit the amount of time you have to bring a claim for damages. Under the laws of some states, the time period within which an ASR claim must be brought may expire even before the defective hip is replaced. For this reason—and because we know that many ASR hips that have not yet failed will, ultimately, have to be replaced—the attorneys at Nagelberg Bernard Law Group encourage ALL ASR HIP RECIPIENTS to contact an attorney as soon as possible.

The hip recall attorneys at Nagelberg Bernard Law Group have the resources to investigate your claim promptly, and can take the appropriate steps to preserve your legal rights now. Claims for damages can be brought even before your ASR hip is replaced and, in some circumstances, even before you have suffered significant pain and disability. This quick action may be necessary to protect your rights to hold the manufacturers of the ASR hip responsible for the injuries they caused. Because the most up-to-date evidence shows that more than half of ALL ASR hips will fail, requiring revision surgery years earlier than otherwise necessary, all patients who received an ASR hip should act immediately to protect their rights under the law.

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