What To Do If You May Be Subject to the DePuy Recall

If you have had a total hip implant or a hip resurfacing procedure since approximately July 2003, then the prosthetic components of your hip may be subject to the current recall.  DePuy has now recalled all of its ASR XL Acetabular Hip Systems and ASR Hip Resurfacing Systems in the United States and overseas.

1.  Determine Whether You Have a DePuy Implant

It is important to note that DePuy does not keep a record of the individuals who have received their ASR XL Acetabular Hip Systems or ASR Hip Resurfacing Systems.  It is possible that your orthopaedic surgeon may inform you that you have received one of the recalled devices. 

However, if you are uncertain about whether or not you have received one of the recalled implants, The Gomez Law Firm can help you.

2.  Do Not File a Claim or Provide Any Information to DePuy

If you have received either of the recalled DePuy hip implant systems, you may be asked to contact DePuy to establish a claim.  You are not required to file a claim with DePuy to pursue your legal rights.  In addition, you should not sign any documents purporting to release DePuy from its legal responsibilities.

In some cases, DePuy is offering to pay some portion of a revision surgery expense.  However, DePuy will not pay medical expenses in all cases.  In addition, the amount covered by DePuy is limited to what DePuy independently determines is reasonable.  DePuy will not compensate you for your lost wages, your pain and suffering or your future medical needs. 

However, in stark contrast, the law allows you to seek the total billed amount of your medical treatment, the full amount of your lost wages, the total value of your future medical needs, as well as pain and suffering damages.  

3.  Protect Your Legal Rights During Revision Surgery

If you have been told that you require revision surgery, contact The Gomez Law Firm today to protect your legal rights.  DePuy has asked hospitals and health care providers to give DePuy removed implant and tissue samples. 

At The Gomez Law Firm, we have protocols in place to protect your legal rights during your revision surgery.  We will ensure that DePuy does not deprive you of your right to maintain possession of valuable evidence in your case.  We will fight DePuy for you, always putting your interests first.

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