DePuy ASR Hip Replacement Failure
Law Firm Alliance

On August 26, 20010, DePuy Orthopaedics, Inc. issued a worldwide recall of both its ASR XL Acetabular System (total hip replacement) and its DePuy ASR Hip Resurfacing System (hip resurfacing). DePuy's recall followed a determination that the failure rate for both ASR hip systems was over 12%. DePuy had previously insisted that despite halting sales, it was not "recalling" the ASR hip replacement system and that its actions did not constitute a "silent recall". DePuy Orthopaedics, Inc. is the orthopedic subsidiary of Johnson & Johnson. The DePuy ASR Hip Replacement Alliance is a consortium of the two leading law firms that have represented patients across the nation in orthopedic product defect cases for many years. The member law firms of the Alliance have extensive experience in representing patients in litigation against both DePuy Orthopaedics and Johnson & Johnson's prior orthopedics subsidiary, Johnson & Johnson Orthopaedics.

The Alliance is comprised of the Maglio Christopher & Toale PA Law Firm, based out of Sarasota, Florida and the Nash & Franciskato Law Firm, based out of Kansas City, Missouri. Clients of the Alliance are jointly represented by both member Law Firms who work together on behalf of each client.

Depuy Orthopedics began selling the ASR XL Acetabular Head System in the United States in 2005. DePuy advertised many advantages of the ASR XL hip replacement system over both conventional hip replacements and over hip resurfacing. DePuy described the ASR XL as a "high performance hip replacement" advertising it with pictures of a young woman running on a sandy beach (shown at left) and a man taking a very aggressive golf swing. DePuy advertised the ASR as superior to conventional hip replacement and resurfacing as the bone in the hip socket was preserved, the hip replacement was subject to reduced wear, the hip replacement matched the hip's natural anatomy, the surgery only required a small incision, and the device was based on a strong clinical history. (DePuy XL DePuy ASR XL Head System: Metal-on-Metal Articulation patient education guide published in 2006.)

Unfortunately, the ASR hip systems did not perform as promised. As a result, in the fall of 2009, DePuy decided to cease sales of the ASR XL Acetabular Head System and early in 2010 DePuy pulled the remaining ASR hip replacements from inventory. DePuy previously insisted that their decision was not a "recall", but instead a decision based on declining sales. Of course, those declining sales were largely attributable to problems that orthopedic surgeons were having with the ASR hip replacement and resurfacing sustems, including implant failure necessitating revision.

As a result of these failures, the Alliance has been retained by dozens of individuals across the nation damaged by the failure of ASR hip replacements to prosecute their claims through litigation against DePuy. On June 11, 2010, the Alliance filed the first case in the United States against DePuy for failure of a ASR hip replacement. First DePuy ASR Hip Replacement Lawsuit Filed in the US, June 15, 2010. Also, see Johnson & Johnson's DePuy Orthopedics, Inc. Recalls the ASR XL Acetabular Hip Replacement System and the ASR Hip Resurfacing System, August 26, 2010, and the DePuy ASR Hip Recall Blog.

If you have a DePuy ASR hip replacement or hip resurfacing, and are experiencing problems with the device, you need to consult with an experienced medical product liability attorney immediately. It is best to retain an attorney before undergoing a revision surgery so that potentially important evidence can be preserved. Furthermore, by law there is a limited period of time in which you may bring a legal action against DePuy for a failed ASR hip system, so don’t delay.