DePuy Hip Recall Results To Filing Of Hip Lawsuits
- Author Demetrio Martinez
- Published June 26, 2011
- Word count 415
Kalaloch ( April 16,2011)- After the announcement of DePuy Orthopaedics Inc. of its voluntary recall of its DePuy ASR XL acetabular system and the DePuy ASR hip resurfacing system, it has attracted a lot of negative attention because of the increasing number of hip lawsuits filed against the manufacturing company.
The recall was due to the high five-year revision rate of the product. data shows that about 12% or one out of every eighth of the patients who received the ASR resurfacing system needs to undergo a second surgery and approximately 13% or one out of eighth patients who have been implanted by the DePuy ASR XL acetabular system need to undergo a revision surgery after just five years.
The patients who have been implanted by the defective device has experienced considerable amount of losses that includes physical pain, wage decrease, and expenses because of the additional treatments. Although the manufacturing company of the defective hip replacement systems offered to cover for the customary costs related to the recall of the patients, there are still some who believe that this is not enough, leading them to file hip lawsuits against DePuy.
The hip lawsuits t hat were filed were all based on the product liability laws that states that all suppliers, retailers and other distributors of the products are all legally responsible for the injuries that will be caused by the products.
The first version of the lawsuit that was filed was based on the manufacturing company’s failure to research and test the product properly before it is marketed. This falls under the design defect claim for product liability.
The second version was claiming the marketing defect or the failure of the company to inform the public about the probability of deficiencies of the product. Claimants believe that if the company has issued the recall earlier, there is a great chance that there will be fewer people that would be affected by the recall. There is sufficient evidence that the company was informed about the high revision rate of their products but failed to issue the recall until August 2010.
The hip lawsuits that were filed varies in one way or another that is why there is a difference between the amount of compensation that was given to different patients. The hip recall lawyers believe that the only way to get proper and fair compensation for all the damages rendered by the device is to file a lawsuit against the company.
For more info.:http://www.depuyhiprecallsite.com.
DePuy hip recall lawyers are advising patients not to sign any documents for Broadspire and not to give them any statements. Patients should understand that Broadspire is working with DePuy and that dealing with them may limit a patient’s recovery. Get a DePuy hip recall lawyer to assist you and advise you on this important legal matter and don’t sign anything until you do.
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