As the number of DePuy Hip replacement lawsuits continues to expand, a recurring issue in many of the pending cases, centers around who shall control the defective hips and surrounding tissues when they are removed during replacement surgeries. The removed material and orthopedic hardware is considered valuable evidence in pending product liability cases against DePuy.
According to a report on the DePuy litigation appearing on Bloomberg, DePuy spokesperson Mindy Tinsley, conclusively stated that the removed hip devices– known as explants– are indeed the property of the patient and patient’s surgeon’s, “should take appropriate steps to preserve them.”
With that understanding in place, lawyers representing individuals who were given defective DePuy products and lawyers representing Johnson& Johnson, the parent company of DePuy Orthopedics, are arranging for a standardized protocol to arrange for the shipment of the removed devices to be shipped to a centralized location so testing can be conducted.
For thousands of people impacted by the defective DePuy products, this is an important development as the independent testing may provide valuable evidence in pending product liability claims and lawsuits against Johnson & Johnson and DePuy Orthopedics.
Status of DePuy Litigation
More than 37,000 people are believed to have received potentially defective DePuy hip replacement devices known as ASR XL Acetabular System. In August, 2010 DePuy acknowledged the serious problems associated with their products and initiated a recall of the product.
At issue is the high failure rate of the device that commonly necessitates a second revisionist surgery far sooner than most anticipated. In addition to replacement surgeries, other patients experienced serious problems such as: fractures, infection, and pain due to shards of cobalt and chromium that break away from the hip and implant into the surrounding tissues.
Presently, DePuy has hired Broadspire Service Inc., as a third-party claim administrator to oversee voluntary payments made by Johnson & Johnson to implant recipients. Despite, the community outreach by Johnson & Johnson, many individuals have elected to retain lawyers to represent their personal interests.
Currently, Rosenfeld Injury Lawyers is reviewing a number of DePuy hip implant cases and is working with medical experts other lawyers involved in the litigation to help secure the best possible outcome for each client. If you received a DePuy hip implant, you may have legal rights for compensation. We encourage you to discuss your case with our DePuy hip recall lawyers, for a free, no obligation consultation today. (888) 424-5757