DePuy Hip Litigation
The recall was due to device malfunction causing a high rate of revision surgeries and metal debris from the devices’ components spreading throughout a patient’s body.
Studies that led to the recall of the DePuy ASR XL Acetabular System and ASR Hip Resurfacing Systems confirm that anyone who has had one had one of these hip replacements have a potential claim against Depuy. In order to limit Depuy exposure and determine how many potential claims exist, DePuy has attempted to have patients sign in a consent form, which would allow Depuy to obtain valuable information about the patients’ case before a lawsuit is filed. In many cases, DePuy has sent form letters to the orthopedic doctors who have performed the surgeries, in order for the doctors to send the letter to their patients. These form letters request patients to contact DePuy in order to obtain a claim number and consent form for the patients to sign. In some instances, the treating surgeon has “required” their patients to contact DePuy in order to get a claim number before the surgeon agrees to see their patient for a follow-up appointment.
Patients who signed consent form and subsequently decide to pursue a legal action against DePuy may have negatively affected their claims. If patients have already signed a Depuy consent form, they revoke this consent at any time by notifying in writing the person or organization that provided the consent form. DePuy is working with an organization called Broadspire to obtain consent forms from patients and/or provide claim numbers. The Depuy consent forms take a potential client privacy right away for little in return and should be avoided. If you want more information on this subject please call.