As described by a US Food and Drug Administration advisory, the recall of the device does not necessarily mean removal or replacement. A recall sometimes requires only frequent and closer monitoring. The withdrawal of a hip system may be attributed to several reasons. You and your physician must have a discussion on the reason for the recall. This will help in choosing the most appropriate action.
The metal-on-metal hip implants of DePuy Orthopedics, the ASR XL Acetabular System and the ASR Hip Resurfacing System, was voluntarily recalled by the company in August 2010. The recall was issued in response to the increasing complaints about the devices’ safety and effectiveness. The National Joint Registry of England and Wales presented data indicating the high failure rate of the device. Around 12 percent of patients who received ASR resurfacing device within the last five years needed to undergo a revision procedure, as stated in the data. It was further presented in the data that 13 percent of the ASR total hip replacement patients had to undergo hip revision procedure.
A third party was contracted by DePuy in 2011 to manage compensations for workers and medical claims in behalf of insurance companies and employers. The costs associated with the defective device is managed by the Broadspire Services Inc. The company’s physician will determine whether to pay for surgery for patients who require hip replacement. Broadspire, DePuy and Johnson & Johnson are not offering to pay the complete expenses related to having a defective ASR hip implant. The out-of-pocket costs will be paid by the companies instead. This means that the patient’s insurance company will have to shoulder most of the costs.
In order to have the out-of-pocket costs paid, patients need to sign a medical authorization provided for by DePuy. With a duly signed medical authorization, the company can run through any part of the patient’s medical records.
If DePuy is able to show that the patient’s condition is caused by the patient, the case filed will go to trial. Settlement between the patient and the company may also be done. If the patient and the company both arrive at the same situation, a DePuy ASR hip settlement may be made. For patients who wish to go after DePuy, whether a court trial or settlement, it will be best to have a thorough assessment on the check-up. In addition, it will be better if their case is assessed by an adept lawyer.