News - Foley & Small Files Depuy ASR Hip Replacement Lawsuit

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Foley & Small LLP has filed a lawsuit against Depuy Orthopedics, and Depuy, Inc., on behalf of Indiana women who received a Depuy ASR hip replacement which subsequently failed. 

According to the complaint, the Depuy ASR hip replacement is a prosthetic orthopedic device used in patients in need of a hip replacement. The hip joint is where the femur or the thigh bone connects with the pelvis. This joint is made up of the femoral head, a ball-like structure at the top of the femur, which rotates within a cup-like structure at the bottom of the pelvis known as the acetabulum. The ASR Hip has a different design than the standard hip replacement. A hip replacement implant typically consists of four separate components: (1) a femoral stem, (2) a femoral head, (3) a liner and (4) an acetabular shell. The surgeon will remove the top of the femur, hollow out the upper shaft and then place the femoral stem in the shaft. The femoral head is a metal ball that is fixed to the top of the femoral stem. The femoral stem and ball articulates or moves inside a polyethane liner and acetabular shell, the cup of the implant, which are placed in the pelvis. Unlike the standard hip replacement, the ASR hip has a different design, one that puts a metal femoral ball directly in contact with a metal acetabular cup with no polyethane liner. Thus, there is metal on metal contact and wearing.  This causes, as asserted in the lawsuit, the dispersal of metal particles from the device throughout the body and blood system and causes the hip replacement itself to fail resulting in pain and impairment, if not lost ability to walk. The lawsuit further claims that the ASR hip was not sufficiently tested by the Depuy defendants and was not formally approved by the FDA as being safe or effective for its intended purposes as a hip replacement device.
 
More than 90,000 people have received ASR hip replacements. Many recipients have experienced failures of the ASR hip. Unacceptably high levels of hip failures have been recorded. As a result, on August 26, 2010, Depuy issued a worldwide recall of its ASR EXCEL Acetabular Hip Replacement System and ASR Hip Resurfacing System and all components for these devices due to the high percentage of patients who experienced a device failure. Such patients typically have to undergo complex and painful surgery to remove and replace the prosthetic hip. Such multiple hip replacements result in a variety of potential risks and complications. 
 
The lawsuit filed by Foley & Small LLP sets forth allegations and claims against the Depuy defendants that include negligence, products liability, breach of express warranty, breach of complied warranty, fraudulent representation and fraudulent concealment. Judgment is sought for medical expenses, earnings loss, general damages and punitive damages. 
 
Foley & Small LLP continues to offer free legal consultations to victims of the ASR hip replacement. If you, a loved one or acquaintance suffered injuries because of the ASR hip use, please contact Foley & Small by visiting www.foleyandsmall.com. Free case evaluations are also available by submission through our website and by calling 1 800 276 2525.
 
About Foley & Small LLP
Foley & Small LLP is a personal injury & trial law firm that represents plaintiffs from Indiana and surrounding states. Foley & Small LLP has assisted thousands of clients in receiving fair compensation for injuries resulting from defective drugs, medical devices, and other products and due the negligence of others.

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