Things That You Should Not Miss About DePuy Class Action Lawsuits
- Author Jerald Jhonson
- Published July 10, 2011
- Word count 404
After the announcement of DePuy orthopaedics recall on two of its products, namely the DePuy ASR hip resurfacing system and the DePuy ASR XL acetabular system, there are more than 150 class action lawsuits that are filed against the manufacturing company.
The recall of the products that resulted to the filing of various hip recall class action lawsuitswas due to the high five year revision rate of its ASR hip replacement systems. According to the data that was recalled by DePuy orthopaedics themselves, there 12 to 13 percent or one out of every eight individuals who have been implanted by the said faulty device is subject to a second surgery or a revision surgery. A revision surgery means that the existing hip replacement device in the body of the patients will be removed and another device will be implanted.
If ever a patient would decide that he wants to file a hip recall lawsuit against the manufacturing company of the defective hip replacement device that has caused him considerable damages and sufferings, the first thing that he should do id to contact his physician and to hire a DePuy hip recall lawyer to be able to get the evidences that are needed for the recall. The DePuy hip recall lawyer will be able to represent you in court for the lawsuit that you filed.
The class action lawsuits that are filed against DePuy are all based on the product liability law that states that all distributors, suppliers, manufacturers, retailers and all the persons who are involved in the distribution chain are legally responsible for the damages and injuries that will be caused by their products.
The first version of the class action lawsuits that is filed is claiming the design defect theory of the product liability law. They claim that the manufacturing company of the recalled hip replacement has failed to do adequate research and testing on the product that is why it became defective.
The second version, which was also under the product liability law claims the marketing defect or the failure to inform theory. They are claiming that DePuy was aware high five year revision rate of their products before but has failed to issue the recall until August 2010. There is adequate evidence to prove that DePuy has the evidence for a long time even before the announcement. They believe that if the announcement was made earlier, there are fewer persons who will be affected.
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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