Hip Device Recall

If you have received a hip implant which has been subject to a hip device recall, you may be entitled to claim compensation for emotional trauma as well as any physical injuries you have sustained. Most hip device recalls have concerned the metal on metal hip devices, which have not only registered a higher than expected failure rate, but have also been responsible for the release of microscopic particles of chromium and cobalt into the blood stream. Patients who have had a hip replacement which is now the subject of a hip device recall should see their doctor for an x-ray and blood test, and thereafter consult a solicitor about making a claim for hip device recall compensation.

Compensation for a Faulty DePuy Hip Replacement System Awarded in Court

Posted on: March 9th, 2013 by Injury Claims.

A Californian jury has awarded a man compensation for a faulty DePuy hip replacement system amounting to $8.3 million after a hearing at the Los Angeles Superior Court.

Loren Kransky (65) from South Dakota made his claim for faulty DePuy hip replacement compensation after metal ions were found in his blood, caused by friction between the metal ball and socket of his ASR XL Acetabular hip replacement system.

Kransky, who also suffers from diabetes, heart disease and kidney cancer, had to undergo a replacement hip operation within three years of having his DePuy ASR hip replacement system originally implanted, and claimed in his action against DePuy that he had suffered bone and soft tissue damage due to the company´s “fraud and negligence”.

His claim for faulty DePuy hip replacement compensation was brought forward due to his terminal condition and solicitors acting on his behalf were able to demonstrate to the jury that “black pieces of metal [cobalt and chromium] flaked off the implant and caused a type of poisoning that could have killed him”.

Solicitors representing Johnson and Johnson – the parent company of DePuy – argued that there was no medical consensus of opinion concerning what levels of metal being released into the system caused harm to patients and contested the claim for faulty DePuy hip replacement compensation on the basis that Kransky´s pain and suffering was due to his pre-existing medical conditions.

Although the jury at Los Angeles Superior Court found that Johnson and Johnson had not acted with malice by marketing a product they knew to be defective – and thereby disqualifying Kransky from the punitive damages he had sought – they agreed that ASR XL Acetabular hip replacement system was defective and had caused an injury to Kransky, and awarded him compensation for a faulty DePuy hip replacement system of $8 million for his suffering and pain with a further award of $338,000 to cover his medical costs

Johnson and Johnson immediately announced their intention to appeal the award, as future cases will involve claimants who will have to live with the consequences of their faulty hip replacement system for longer. Consequently, more representative cases due to be heard in Ohio in May and July as part of the multi district litigation (MDL) action could result in significantly larger settlements of compensation for a faulty DePuy hip replacement.

Large number of Metal-on-Metal Hip Implant Recall Compensation Claims Likely

Posted on: January 30th, 2012 by Injury Claims. No Comments

An increase in the number of metal on metal hip implant compensation claims is likely following revelations that medical regulators are revising their advice for patients who have received metal on metal hip replacement systems in the UK.

Advisors to the Medicines and Healthcare products Regulatory Agency (MHRA) want to extend the advice already provided for patients who received the recalled DePuy hip implant which was withdrawn from use in August 2010. Currently, patients are being recommended to have the implant x-rayed on an annual basis and have a blood test taken to check for high levels of “system toxicity”.

Concerns exist that microscopic particles of chromium and cobalt – displaced when friction occurs between the metal ball and cup of the implant – are entering the bloodstream and causing damage to the patient´s organs and neurological system. These concerns are in addition to the high volume of failure rates seen with the recalled DePuy ASR metal on metal hip replacement systems which have been responsible for patients experiencing hip inflammation, infection and tissue necrosis.

Stephen Cannon, a consultant orthopaedic surgeon for the Royal National Orthopaedic Hospital, has advised that the bone wear and tissue necrosis caused by these metal on metal hip implants can make revision surgery more complicated, more painful to the patient and requiring a longer post-operative period of rehabilitation. Consequently, not only is the number of metal on metal hip implant injury compensation claims expected to increase, but also how much compensation for replacement hip implant surgery each victim is entitled to.

Following the DePuy metal on metal hip implant recall, the MHRA told orthopaedic surgeons to contact every hip replacement patient to ensure they were monitored. However Professor Joe Dias, president of the British Orthopaedic Association, claims that only 41 per cent of patients who received a DePuy metal on metal hip implant were registered on the National Orthopaedic Register and, although many may have undergone the recommended checks without their details being centrally logged, he was concerned that some may never have been contacted.

It is not certain exactly what new advice will be issued by the MHRA, or when the new recommendations will be announced; however, with a higher awareness of the health risks presented by the recalled DePuy metal on metal hip implants and more people having to undergo difficult revision surgery, the number of metal-on-metal hip implant compensation claims will surely rise.

FDA Issues Advice for Patients with MoM Hip Replacement Devices

Posted on: February 18th, 2011 by Injury Claims. No Comments

The American Food and Drug Administration (FDA) has issued new advice for patients with metal on metal (MoM) hip replacement devices due to an increased number of illnesses being reported attributable to metal particles from the MoM hip replacement devices entering the blood stream.

In a number of cases it has been reported that microscopic traces of chromium and cobalt have caused illnesses with recipient´s hearts, nervous systems, thyroid glands and kidneys. This is addition to the more common problems associated with MoM hip replacement devices such as inflammation in the hip area, pain in the groin and a change in the recipient´s ability to walk as friction develops between the metal ball and cup of the MoM hip replacement devices.

The FDA has recommended that patients with MoM hip replacement devices should consult with their doctor should they experience chest pains or a shortage or breath, deterioration in vision or hearing, fatigue and coldness, or a change in urination habits. Although these symptoms cannot be confirmed as being attributable to a failure in the MoM hip replacement devices until such time as the results of a blood test have been reviewed by an orthopaedic surgeon, an early diagnosis can potentially save those with MoM hip replacement devices a considerable amount of pain and discomfort if revision surgery is required.

The same microscopic particles which are responsible for these symptoms are also know to wear down the bone around the implant area and cause tissue necrosis. These issues make revision surgery of MoM hip replacement devices far more complicated and less likely to succeed. Patients undergoing revision surgery where the bone and tissues are not fully intact also require a longer rehabilitation period to recover from their operation and return to normal life.

What this would mean for those making injury compensation claims is that settlements of compensation for MoM hip replacement devices would have to reflect the increased level of pain and recovery time in addition to compensation for the personal injury they have sustained. However, according to the advice issued by the FDA, it is the patient´s best interests to monitor their health carefully for signs of illness which could be due to the potential system toxicity of MoM hip replacement devices.

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