Explanted Hip Replacements Belong to Recipients!

In August 2010, DePuy Orthopaedics, a subsidiary of Johnson & Johnson, recalled two of its hip
replacements: the ASR XL Acetabular System and the ASR Hip Resurfacing System. Joint registries
outside the United States determined that the implants failed in 12 to 13 percent of recipients after only
5 years even though the implants were supposed to last for 15 years. DePuy’s hip replacement recall
affects 93,000 recipients, and many of them will have to undergo painful revision procedures to correct
the implants. The “explanted” hip replacement is vital evidence for its owner to claim damages from
DePuy in either a hip replacement lawsuit or a negotiated settlement with the company.

Normally, one would think the old hip implant would be returned to its owner after the revision
operation—it is the recipient’s property. Hospital protocols, though, often allow orthopedists to throw
the hip replacement away as medical waste. Recipients are not asked up front whether they want to
keep their implants. In other cases, strangely, DePuy will send representatives to observe the revision
procedures. The necessity of their presence is inexplicable. More shockingly, after the operations the
DePuy representatives will take the explants with them for analysis. At no time are recipients given the
option to keep the explants themselves, even though it’s their private, very personal property. Owners
must tell their doctors beforehand and on their own initiative that they wish to keep their property.

It’s for situations like these that people affected by the DePuy hip replacement recall should consult with
an attorney at the Rottenstein Law Group. At every turn, it appears that hospitals, DePuy, and
sometimes your own orthopedist do not know your rights or are actively subverting them. If you wish to
protect yourself, fill out our contact form in the right column of your browser and an attorney will reach
out to you.