As Published on the DePuy Hip Replacement Website

For the ordinary person, a product recall signifies incorrigible failure. It exhibits an open breach of trust and confidence between manufacturers and consuming public. Withdrawing a product from the market will not change the fact that it has once circulated in the market and exposed the general public to its defect, from which a possible injury may arise. Recalls are almost always prospectively applied, providing guarantees that from the time of the pullback, no further damages may arise due to the use of the product.

However, the hard truth about recall is that while it was within the flow of commerce, consequences might have been produced. Where consumer products are concerned, the agency that exercises censorship, regulation, recall or any other measures which will protect the public from unreasonable risks or injuries is the US Consumer Product Safety Commission.

On the other hand, as for medical products, it is the US Food and Drug Administration (FDA) that serves as a regulatory authority for the protection of public consumption. Through their commissioner, this is the service branch of government that oversees all medical products and provides advice and counsel about them.

DePuy Orthopaedics, in August 2010, ordered a voluntary recall of its ASR XL acetabular hip system and DePuy ASR hip resurfacing system. The Johnson & Johnson unit announced that its hip replacement products have caused many of its patients to undergo revision surgery due to its design defects. Five years since their first hip replacement surgery, an estimate of one of eight patients or 12 percent to 13 percent who received ASR systems were required to have revision surgery due to metallosis.

DePuy noted that ASR patients suffered from a variety of symptoms including pain, swelling and problems walking before the require revision surgery. These symptoms may have been caused by loosening of the implant, fracture of the bone around the implant or dislocation causing the implant to miss alignment. According to the American Academy of Orthopaedic Surgeons, more than 231,000 total hip replacements are performed each year in the United States.

Unexpectedly, Broadspire Services Inc. was hired by DePuy to manage its compensation affairs especially to administer claims after the recall. All claims for monetary compensation due to the hip implant defects are to be directed to Broadspire staff, who will conduct an evaluation.

Compensation may be tendered directly to patients or insurance companies as regard to all expenses in order to rectify the breach of warranty. Among the 50 other DePuy products previously recalled, the DePuy hip replacement is just one of the things the US FDA has overlooked. As more recalls are made, more injuries are likewise expected.