Depuy Lawsuit

Depuy Orthopedics is the makers of the controversial ASR Hip Resurfacing System and the ASR XL Acetabular System, products that have been extensively recalled worldwide. This recall has been attributed to many complaints among clients who are increasing on a daily basis. The number of people who have opted to file lawsuits against the Johnson & Johnson subsidiary company is also on the rise.

Complaints and suits are based on the fact that the ASR hip devices from the factory have a revision rate that is too high as compared to standard replacement hips. This means there is a high chance for those who use this product requiring a second hip replacement in less than a decade, yet this kind of surgery typically happens after about fifteen years. Clients worldwide have been faced with the reality of incurring extra costs due to the replacements and can therefore sue the manufacturers. Some of these costs include tests to determine whether revision is necessary, and subsequently whether the implants work perfectly. Although the manufacturer has indicated that the costs will be compensated, clients are advised to file a lawsuit against Depuy, which would ensure that such promises are fully adhered to.

These Depuy lawsuits should base their complaints on the urgency with which the company effected the recall. Looking at previous Depuy lawsuits regarding the recall, plaintiffs have put the company on the spot for not doing enough studies on the performance of the product in the market, thus the recall was late. These claims give the case a legal dimension under the product liability which diverts all the legal responsibility to Depuy.

If you decide to file a lawsuit against Depuy, you might consider forwarding one manufacturing defect claim. In this claim you charge Depuy of not researching well and not testing the performance of the product, which falls under the product liability theory of design defect. Failing to file a recall is also illegal as it is covered in the product liability laws.

It is understood that Depuy knew about the ASR defects long before they initiated the recall, and in the process the effect on the clients aggravated. One would correctly argue that had the clients known about the problem with the product, they would probably have gone for other options available or sought remedies earlier. However, since the recall was delayed and effectively the clients did not know about the deficiencies fast enough, they might suffer considerably in terms of pains, losses and costs. Most of the Depuy lawsuits can take this dimension and the compensations may vary.