Finally, a judge has been appointed by the judicial panel to preside over all pretrial proceedings in the lawsuits filed against DePuy Orthopaedics over its production of defective hip implants which have been recalled last August of 2010. US District Judge David A. Katz was chosen to supervise legal efforts in cases involving the ASR XL Acetabular System and ASR Hip Resurfacing System, which are both DePuy-made.
The recipients of the defective hip implants were all too shocked to find out that they were each carrying a malfunctioning device, which can be a direct cause for complications, such as infection, chronic pain, heart disease, leg dislocation and cancer. Above all, they had to undergo revision surgeries to take out the faulty implant. Worse, these revision surgeries can even fail if not performed properly. The risk of an unsuccessful revision procedure is even higher among elderly patients because of gerontological factors.
DePuy is not the first large-scale manufacturer of prosthetic implants to be filed with charges for product liability, mass tort and personal injury; Zimmer Holdings and Sulzer Orthopedics have also been in the same situation before. Hasn’t the Food and Drug Administration been alarmed by this trend? Perhaps this is of no surprise, since the FDA has not really revised one of their lax policies—the 510(k) process, where the notion on ‘substantial equivalence’ has been abused for decades. DePuy used the same loophole, claiming that their devices are ‘substantially equivalent’ to previously-approved implants in order to ‘skip’ routine clinical testing procedures so that their ASR devices can be sold instantly.
Do not let the complexity of the DePuy hip recall discourage you. Pressing charges against the company will help you in receiving compensatory damages that you are legally entitled to. Speak with your hip recall lawyer to explore your legal options.
Credits to: J&J Hip Replacement Lawsuits Given to One Judge