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DePuy ASR Patient Claims Being Defrauded By Orthopedist

20th December, 2010 - Posted by health news - No Comments

Typically, the buyers of defective products are the ones who have had to endure the pain and suffering caused by the flawed items. In product liability claims, a plaintiff can sue a person or company that is responsible for creating, developing, manufacturing and selling the flawed products. Consumers have been protected by this law and has made manufacturers careful about the products they create. Still, there are products available that inflict varying stages of harm to consumers.

As in the case of DePuy’s ASR XL Acetabular System and ASR Hip Resurfacing System, recipients of these devices have reported of problems in the hip area. Added inspection have revealed that the hip implants fail considerably earlier than the average device and that one in eight recipients need a revision surgery to repair damages. Furthermore, it was also reported that parts of the ASR device rub together and send metal particles into the bloodstream causing cobalt poisoning. DePuy in turn have been filed lawsuit after lawsuit in the aftermath of their recall.

DePuy Hip Replacement Lawsuit
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Recent events tell of DePuy not being the only one held liable by a patient. After being implanted with a DePuy device by an orthopedist based in California, the patient started having complications leading him to file a lawsuit. By failing to disclose the fact that Dr. Thomas Schmalzried had financial links with DePuy Orthopaedics, the patient claims a breach of fidurciary duty have been made. A total of $10 million was said to have been paid to Dr. Schmalzried as co-developer of the ASR devices.

Although it would seem that the case is unusual, there may be grounds for this claim. As stated by Rochelle Rottenstein of the Rottenstein Law Group, “While we generally discourage our clients from suing doctors who have unwittingly implanted defective devices, the Schmalzried lawsuit is a unique situation, since that surgeon allegedly participated in the design of the ASR and was on DePuy’s payroll.”

Although it is seldom the case that your own orthopedist had a hand in contributing to your injury, it may be a wise idea to seek a second opinion regarding the status of your hip device. To make some consultants promote their ASR devices, DePuy paid them a substantial amount. Nonetheless, filing a DePuy hip replacement lawsuit immediately could spell the difference between settling for a measly amount DePuy is permitting to offer or reclaiming the losses you have had to go through.