A hip replacement surgery is a very serious, very invasive surgical procedure that many people, unfortunately, have to undergo. A hip replacement surgery is not just a procedure for older people: Louisiana residents of all ages have undergone hip replacement surgeries over the last decade. In that time, great progress has been made on developing durable, workable hips so that area residents, and elsewhere, can continue to live their lives unaffected and unhindered by the hip prosthesis. However, it has recently come to the public’s attention that DePuy, the orthopedic division of Johnson & Johnson, manufactured a defective hip implant that went unchecked for years until its recall this year. In fact, DePuy knowingly marketed a defective product and as a result, over the last few years, almost 100,000 patients have received a defective hip. If you are a Louisiana resident who received a DePuy hip, the law is on your side.
A hip replacement failure can result in very serious injuries for the patient, in addition to the revision surgery that the patient will very likely face. Patients receiving DePuy hips have experienced failure in the unit in as short as five years or less, as opposed to the regular 10 to 15 years that similar devices tend to last. However, if you received one of these defective hips the law has favorable for allowing those who have received a defective product to recover personal injury damages.
Louisiana patients should be on the look-out for certain signs that their hip replacement device is failing. Signs of failure include swelling of the hip area, popping or clicking, pain, loosening or implant dislocation, and fractures. Don’t forget that a failed device can cause even more serious injuries than just a fractured hip, as there are several different implications that can arise. In the DePuy case, doctors are also concerned about toxins from the metal implant seeping into patients’ bloodstream, potentially poisoning their bodies. It is in the best interest of individuals who suspect a failing DePuy hip replacement has been used in their corrective surgery to get a blood test immediately.
Thus many are left wondering: what do you do if you have a DePuy hip? For those with the ASR Hip Resurfacing System, it is imperative that you talk to a lawyer to discuss your legal rights. In cases like this there is a statute of limitations which says that even if you have a valid claim, waiting too long or delays in bringing your case can lead to a failure in recovering monetary damages for your case. If you have suffered pain, lost wages, or been forced to spend less time with your family as a result of your defective hip, you could be eligible for money damages.
An experienced attorney can work with you in bringing a lawsuit against DePuy, the manufacturer of the defective hip implants. The law protects you, the consumer, from deceptive marketing and manufacturing. If you have a DePuy hip, or another other hip implant that is causing you problems, reach out to the Berniard Law Firm today.