Rottenstein Law Group Recommends That Recipients of Replacement Hips Determine If DePuy Recall Affects Them as Soon as Possible
New York, October 14, 2010. Rottenstein Law Group principal Rochelle Rottenstein recommends that replacement hip recipients determine sooner rather than later whether they have a defective device implicated in the recent hip replacement recall issued by manufacturer DePuy Orthopaedics.
DePuy, a Johnson & Johnson company, in August of 2010 recalled two devices: the ASR Hip Resurfacing System and the ASR XL Acetabular System. Each unit replaces a worn or weakened part of the hip. The defective replacement hip units have been recalled because one in eight patients requires a second procedure to correct the first one.
Rottenstein notes that a replacement hip recipient might not know offhand the brand of implant he or she received, and therefore might not know whether there is any danger. “Even a recipient of a faulty DePuy implant might not yet be experiencing pain or discomfort or exhibiting swelling, in which case he or she might not think to consult a doctor. But anyone who had hip replacement surgery since 2003 should speak with his or her doctor, either one’s primary care physician or the surgeon who performed the procedure, or call the hospital where the surgery was done.” Because DePuy began selling its ASR devices only in 2003, a unit implanted before then can not be part of the current DePuy hip replacement recall.
It is important to determine whether one is affected by the recall sooner rather than later not just for medical purposes, but potentially for legal purposes as well, Rottenstein explains. “Delay in determining whether you have a recalled hip implant could lead to the expiration of a statute of limitations before bringing a lawsuit, possibly resulting in the loss of your claim forever.”
Rottenstein reminds replacement hip recipients that neither DePuy nor Johnson & Johnson keeps records of the identities of those who have had their products implanted. “In fact,” Rottenstein observed, “DePuy is asking ASR device recipients to identify themselves to the company by calling a ‘help line,’ which might be less helpful than potentially harmful.” Rottenstein warned earlier this week that DePuy’s hip replacement recall help line is being staffed by DePuy’s insurance company, Broadspire Services. Neither DePuy nor Broadspire has any duty of confidentiality to callers. Any candid communications made on the help line can be used as admissions against the victims in court.
About THE ROTTENSTEIN LAW GROUP
The Rottenstein Law Group is a New York-based law firm that represents clients in specific mass tort actions. The firm was recently founded by Rochelle Rottenstein, who has more than two decades of experience as a lawyer, to represent clients in consumer product injury, mass tort, and class action lawsuits in a more compassionate manner than is typical. Visit their website at http://www.rotlaw.com.
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