DEPUY ARTICLES

Many thousands of American patients -- perhaps even close to one million -- have received a metal-on-metal hip implant as part of hip replacement surgery. Sadly, such medical devices, notably those from DePuy, can inflict great harm on recipients by grinding tiny shards of metal into their body.

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According to the New York Times in its Dec. 27, 2011 edition, thousands of hip implant lawsuits are in the works due to failed hip implant devices such as the DePuy ASR Hip System. The Times reports that the economic fallout for such defective medical devices will reach billions of dollars, as thousands of persons who received a defective metal-on-metal implant require corrective replacement surgery.

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DePuy isn’t the only manufacturer whose negligence has delivered defective replacement surgery implants to Americans. Zimmer, also based in Indiana, also has produced and sold thousands of defective medical devices for hip and knee implant surgery.

Zimmer, known as Zimmer Holdings, sold a Zimmer hip implant known as the Durom Cup Zimmer hip implant for two years, from 2006-2008, for hip replacement surgery. Zimmer also has sold a Zimmer knee implant known as a Zimmer NexGen CR-Flex knee implant since 2003 -- and still sells it for knee replacement surgery, despite its clear defects.

In fact, Zimmer has sold 150,000 of its potentially defective knee implants so far. And with a projected failure rate of 10 to 11 per cent, 15,000 or more Americans may suffer a failure of their Zimmer knee implant.

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Now that thousands of Americans have received defective hip implants in hip replacement surgery, the U.S. Food and Drug Administration has decided to step in and do something about it -- sort of. The FDA has indicated it will re-examine the viability of using metal-on-metal hip replacement implants.

For this, all the FDA needs to do is to ask the many victims of such defective medical devices. They can discuss the horrible pain and limited movement they’ve suffered since receiving a defective hip implant.

They’ve suffered because the new-style implants, which were not properly vetted by the FDA or their manufacturers, feature metal-on-metal ball-in-socket joints which can grind away microscopic but harmful bits of metals into their body.

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Why do victims of a defective DePuy hip implant have reason for hope? Johnson & Johnson, which owns DePuy, in the fourth quarter of last year set aside $922 million to settle DePuy hip implant lawsuits and to cover litigation costs.

In other words, Johnson & Johnson expects to pay victims of defective hip implants, and it is preparing to do so. This may mean that many cases will not necessarily go to trial but instead will be settled out of court.

To achieve such settlements, victims of a DePuy ASR Hip System defective implant are urged to alert the nationwide attorney service of DePuy-Hip-Surgery-Lawsuit.com. That means they can secure a DePuy lawsuit lawyer or attorney for their particular state -- and attorney with the skill, knowledge and experience to handle their defective medical device case.

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DePuy calls it “promotion, consultation and research.” Others call it “payoffs.” Whatever the case, the orthopedic manufacturer sold defective hip implants for years while paying physicians millions of dollar to support them.

How bad did this get? The New Haven (Conn.) Independent has reported that DePuy Orthopaedics, a division of global giant Johnson & Johnson, paid $80 million to American physicians while marketing its DePuy ASR System hip implants -- which it recalled in 2010.

Some supporters of consumer rights have properly asserted that such payments are a conflict of interest for physicians, and the Justice Department has agreed, charging four medical device manufacturers including DePuy with relying on kickbacks to sell their devices.

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In recent years, thousands of Americans have been seriously injured by defective medical devices such as a DePuy hip implant. And none of these injuries should have happened.

Instead, they could have been prevented with proper safeguards from the U.S. Food and Drug Administration. But instead of protecting Americans, the FDA instead has protected greedy manufacturers who value ill-gained profits at the expense of injured Americans.

A big problem is an FDA loophole known as “Section 510(k) clearance.” Because of this loophole, manufacturers can make many millions of dollars selling an bad product, while Americans can suffer greatly in the process.

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A DePuy hip implant can fail in several ways, including the fact that it has an unconventional design. That design is “metal on metal,” meaning that not only the inside of the DePuy ASR hip implant cup is metal, but also the ball on the end of the femur bone (or thigh bone).

This doesn’t have to be the case. Other implants from other orthopedic manufacturers often have a ceramic ball on the femur or thigh bone or polyethylene liners in the cups with ceramic balls on the femurs. They also may have ceramic liners on the implant’s cup. These designs prevent metal from grinding against metal in the implant.

With a DePuy hip implant, when the patient moves, metal elements grind against each other to  release tiny amounts of toxic metal into the body. And if the hip cup isn’t aligned properly, the problem can be even worse, causing a variety of DePuy side effects.

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What’s a growing segment of the population? One answer is Americans who have suffered injury due to a defective hip implant or knee implant.

Many thousands of Americans receive hip or knee replacement surgery implants each year -- and not all are old or elderly. In fact, the number of younger Americans getting such implants is growing to the point that 40 per cent of all such implants now go to people between 45 and 64 years of age.

Sadly, many receive defective hip implants or knee implants. These implants may fail within a year or two after surgery, even though they’re supposed to endure for 15 years. The result may be pain and loss of mobility for implant sufferers, to the point that they are less mobile after the implant surgery than before it.

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It’s not just older Americans who are having hip replacement surgery or knee replacement surgery today. In recent years, an increasing number of younger persons, often far from retirement age, have been getting hip implants and knee implants, too.

These persons don’t need surgery for the same reasons as older Americans, whose bones become brittle and deteriorate with age. Those in the age range of 45 to 64 often elect to have joint replacement surgery because they’re suffering from an injury or some form of pain which inhibits an otherwise active and youthful life. They opt for a joint replacement in order to regain that active life.

Indeed, the percentage of joint replacement patients aged 45 to 64 rose from 27 to 40 percent in a 10-year period ending in 2008, reports the Washington Post. At this rate, soon roughly half of all replacement surgery patients will be in that younger age bracket.

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Americans who are victims of a defective medical device in hip replacement surgery known as a DePuy hip implant are being told by DePuy that it’s issued a recall of its failed product. What does this DePuy hip recall mean to DePuy’s thousands of victims?

First, each individual who received a DePuy ASR Hip Resurfacing System or ASR XL Acetabular Hip System since 2003 (the implants did not exist prior to that) must assess their post-surgery health with help of their surgeon or physician.

Those who received the DePuy hip implants may be suffering pain and inflammation and limited movement. They may, in fact, need replacement or revision surgery to remove the failed device from the DePuy hip recall and replace it with a better one.

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