Replacement Hip Recall: Do I Need a Product Liability Lawyer?
Replacement Hip Recall: Do I Need a Product Liability Lawyer
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No doubt you've heard about the replacement hip recall that's been all over the news. But how do you know if it affects you?
If you had a hip replacement performed after July 2003, the first thing to do is contact your doctor or hospital to find out what brand of implant you have. If you have a DePuy hip implant, ask for the model name and number. The ones affected in the recall are the ASR XL Acetabular System (worldwide), and the ASR Hip Resurfacing System (only approved outside US). Out of over 93,000 people, 1 in 8 patients with these devices (according to the recall website) have needed to have a revision surgery.
If you have either of these models, contact an experienced product liability lawyer BEFORE sharing any information with DePuy. Your doctor or hospital may ask you to release your medical records to DePuy or Johnson & Johnson. DO NOT agree or sign anything. If you do, you may be giving up rights to financial compensation if you join the DePuy lawsuit. It is possible that DePuy could try to use any non-hip-related conditions against you in the case. Minnesota product liability lawyers Sieben, Grose, Von Holtum & Carey answer two important legal questions:
Q. Do you need a lawyer if DePuy has promised to pay for the surgery to remove and replace your hip replacement device?
A. YES. From the DePuy hip implant recall website: "DePuy intends to cover reasonable and customary costs of testing and treatment associated with the ASR recall, including revision surgery if it is necessary." Large companies are not in the habit of paying more than the minimum required, which may leave many patients with pain in addition to financial hardship. A product liability lawyer, in this case a medical device lawyer, can ensure that the company fairly compensates you for your suffering.
Q. If you are not feeling any pain and the hip implant seems to be functioning normally, do you need to do anything? What's the risk?
A. YES. Still see your doctor to verify whether or not your implant is included in the replacement hip recall. Even if you have no pain, the product defects can produce long-term side effects that may take time to develop. You will want to have your doctor test the levels of metal in your system at least annually.
According to the DePuy website: "The ASR Hip is made up of ball and socket components that move against each other. These metal components wear over time and generate very small particles that can only be seen with a microscope. A small number of patients may react to these particles, causing fluid to collect in the joint and in the muscles around the joint. While this condition may initially be painless, if left untreated, this reaction may cause pain and swelling around the joint and could damage some of the muscles, bones, and nerves around the hip."
DePuy claims that 1 in 8 (or over 11,000 people) is a 'small number of patients'. It's also important to note that damage to the bones and tissue around the hip may make it difficult, for some impossible, to walk, work or enjoy daily activities.
Protect your rights. Contact a product liability lawyer to find out how the DePuy hip implant recall affects you. Susan Holden is a product liability lawyer in Minnesota with Sieben, Grose, Von Holtum & Carey. The "KnowYourRights.com" law firm can help you find out how the DePuy hip implant recall affects you and help you get the fair compensation you deserve.
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