The Rottenstein Law Group Recommends Recipients of Recalled DePuy Hip Implants to Request the Explanted Device Prior to Amended Surgery

(New York, NY, January 14, 2011) The Rottenstein Law Group has learned that hospitals routinely discard explanted hip replacement devices, unless the patient requests, prior to surgery, that the device be given back to them or an agent advocating on their behalf. Common hospital protocol mandates that the device be classified as medical waste and discarded.
DePuy Orthopaedics, a division of Johnson & Johnson, recalled its ASR XL Acetabular System, and ASR Hip Resurfacing System in August, 2010, after it was discovered that the implants were failing in 12 to 13 percent of recipients, after only approximately 5 years. These implants were supposed to have a 15 year lifespan. Statistics have shown failure of these devices in over 93,000 recipients worldwide. Many will have to undergo a painful amended surgery in order to correct the damage done by the defective implants. The explanted device serves as vital evidence for their owner to seek damages in either a hip replacement lawsuit, or a privately negotiated settlement with DePuy.
The Rottenstein Law Group is advising its clients and others who are currently undergoing medical evaluation to determine whether or not they will need an additional procedure to correct a defective hip implant to make sure they request that the explanted device be returned to them after the surgery is performed. There have been occasions when DePuy representatives were present at these surgical procedures in order to procure the explanted device for their own analysis. Patients have not been given the option to keep the explanted device, even though it belongs to them. Hospitals and physicians may be unknowingly subverting the rights of their patients by not giving them the option to retain ownership of their explanted, defective hip replacement device. In order to protect the patient’s rights, it is important to consult with a qualified hip replacement lawyer before surgery is performed, in order to ensure the explanted device is given back to its rightful owner. For more information, please visit the Rottenstein Law Group’s Hip Recall Web site.
About the Rottenstein Law Group
The Rottenstein Law Group is a New York-based law firm that represents clients in mass tort actions. The firm was founded by Rochelle Rottenstein, a lawyer with over two decades of experience in compassionate representation of clients in consumer product injury, mass tort, and class action law suits. For more information, please visit their Web site, or call (888) 9-ROT-LAW.

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