DePuy Frequently Asked Questions

The following is a list of frequently asked questions about defective DePuy hip replacement devices, and potential legal claims arising from injuries cause by DePuy devices:

I have a metal-on-metal hip replacement device that’s becoming painful.  What do I do?

Call your doctor or surgeon to find out which hip replacement device you have. Get a copy of your medical records or have an attorney retrieve them. There have been some instances where doctors and hospitals failed to notify patients that their DePuy hip replacement has been recalled. Filing any sort of lawsuit or civil claim is secondary to the fact that you need information to protect your health, not to mention your compensation rights if your hip replacement involved a DePuy device.

My doctor says I have a DePuy hip that is on the recall list.  What should I do?

Follow your doctor’s advice and, if you are unsure of the advice, seek a second medical opinion.  Finding out a defective and recalled product is in your body is cause for confusion and anger, not to mention the pain that comes with the complications created by these metal-on-metal hip implants, but you should still focus on following good medical advice. You would also be wise to consult an experienced personal injury attorney immediately and preferably one who has experience with product liability cases involving medical products. Each state, and the District of Columbia, has a statute of limitations that applies to personal injury claims. So it is wise for you to contact an attorney as soon as possible.

My doctor says my chromium and cobalt levels are high.  But he wants to monitor the situation before performing another hip replacement procedure.  What should I do?

We leave medical questions for the doctors, and they leave the legal questions to the lawyers.  And that’s how it should be. However, be advised that elevated or high chromium and cobalt levels in your bloodstream are cause for concern. We suggest you seek another medical opinion if your doctor is lax or slow to respond to this issue. From a legal perspective, regardless of whether your hip is going to be removed immediately or not, you should also speak with an experienced lawyer who you trust to protect your rights.

What costs will be reimbursed by the makers of DePuy if I need a second replacement surgery?

DePuy hip devices, which are manufactured by Johnson & Johnson, has said it will reimburse those who received the defective devices for “reasonable” out of pocket costs. That, however, is an extremely nonspecific answer and subject to interpretation. Will they reimburse your insurer for what they paid for this “revision surgery?”  What’s your pain worth up to and after your second recovery because of their defective medical device?  Has the problem with your hip replacement device deprived you of a physical and emotional relationship with your spouse? These are all important reasons to retain an experienced product liability lawyer to defend your interests and the interests of your family.

Should I sue the orthopedic surgeon who performed my hip replacement?

Most often that is not required, though we can’t really say until we have reviewed all the facts of your case. The orthopedic surgeons operated in good faith, on the word that DePuy and Johnson & Johnson told them that the ASR metal-on-metal hip implant was safe and effective. Even the most skilled orthopedic surgeon is only as good as the device she or he placed inside you. In this case, the problem is most likely with the product, not the doctor or medical staff.

What if I had a second replacement surgery before the DePuy recall was issued?

DePuy is still responsible for the costs, medical expenses, pain, lost wages, and damages that you suffered. Though, as we noted previously, Johnson & Johnson has not given specifics on the amount that it is willing to reimburse patients struggling with the same situation. Your attorney will be able to help you gather all of the information and evidence needed to show the full cost of your second surgery, whether it preceded the recall or occurred afterward, and he can also help you calculate your future medical costs and related needs.

How much money is available for injured DePuy victims and how do I file a lawsuit?

Johnson & Johnson agreed in November 2013, to settle 7,500 AST hip replacement lawsuits for about $250,000 per claim, or roughly $4 billion at the time the deal was announced. However, media reports note that the figure may exceed that amount as more patients and complications come to light. According to the drug and medical product manufacturer’s website and Facebook pages, more than 7,200 patients have enrolled in the settlement program and, since then, there have been an additional 8,000 lawsuits involving revisions, which means more than 90 percent of those involved have opted for the settlement. However, under the terms of the settlement agreement, DePuy has the option of drop the agreement should fewer than 94 percent of those affected agree to the terms of the settlement. However, to fully understand this, and whether you should opt for the settlement, requires sound legal counsel.

What happens if I retain a product liability lawyer to review my case?

That attorney will provide a thorough and honest assessment of your case and explain the best way to proceed. You will be included in the process every step of the way, which is your attorney’s our best chance for achieving a successful conclusion. You will pay nothing, unless your attorney can secure you compensation for the harms and losses you have suffered. For help finding a product liability lawyer who has experience with DePuy and similar medical products, contact the firm today.