The most recent DePuy Johnson & Johnson settlement of $2.5 billion on November 19, 2013 includes only hip replacement patients that underwent revision surgeries prior to August 31, 2013. According to court documents, a “revision surgery” is a procedure conducted to replace the device after a patient took the initiative to move forward and attempt to correct the effects of the hip replacement failure. However, many patients may still be entitled to receive compensation for injuries sustained following a hip replacement failure even if they had not made the decision to undergo a revision procedure.
If you or someone you love did not choose to have a revision surgery following a hip replacement failure, yet you still suffered from injuries and health complications, you may be entitled to receive compensation. Consult an experienced attorney to learn more about your legal rights.
DePuy ASR Hip Replacement Settlement
According to attorneys involved in the litigation, specific details of the Johnson & Johnson settlement pertaining to DePuy ASR hip implant devices include the intention to resolve over 7,500 claims from patients allegedly suffering from complications and side effects while fitted with the implant.
However, qualified patients only include those who underwent revision surgeries prior to August 31, 2013 after their DePuy ASR devices failed. Unfortunately, the settlement program does not appear to make provisions for any DePuy ASR patients who did not need revision surgeries or those who had the procedure after August 31, 2013.
Reasons Why Patients May Not Have Underwent Revision Surgeries
Although patients may not have required revision surgeries for their allegedly defective DePuy ASR hip implant, they may have mistakenly believed that the symptoms they were experiencing were merely part of the implanted device. In other words, a patient may feel that because the doctor said he or she may have felt pain, the condition is simply part of the procedure. Similarly, some patients may feel that it is expected that artificial hips may inhibit their mobility and cause pain; these individuals may accept the conditions as “just the way it is.”
Others may be aware that there is a problem but have no idea that they may be entitled to receive compensation. Therefore, these patients may not seek out a revision procedure for financial fear; they simply may not be able to afford a second procedure on their own. Instead, they continue to endure and live with the pain.
Signs and Symptoms of Hip Replacement Failure
Many of the symptoms of hip replacement failure may be confused with what a patient believes is a “normal” effect of the device. In other words, many are not aware that certain symptoms are not a side effect of the surgery. Rather, what they are experiencing are actually signs of hip replacement failure. The major causes of hip replacement failure include failure of the stem, loosening of the cup and stem and dislocation of the joint.
If you notice any one or more of the following signs of hip replacement failure, consult with your healthcare provider, as well as with an attorney to learn more about your legal rights:
- Pain or stiffness in the hip, leg, groin or thigh
- Lack of flexibility
- Limited mobility
- Trouble walking
- Sensing the joint is unsafe
- Swelling or numbness in the hip
- Aseptic loosening of the device
- Difficulty putting weight on the joint
- Diminished range of motion
- Squeaking, popping or grinding noise coming from the hip
Many patients may feel that one or more of these symptoms is just a typical side effect of a hip implant device and may shy away from requesting a revision surgery because they feel they do not need it or cannot afford it.
However, if you have noticed one or more of these conditions after you received a DePuy ASR hip implant or you feel that you may be suffering from a DePuy hip implant failure, it is important that you speak with your medical provider and seek legal counsel from an experienced attorney. You may be entitled to seek compensation including medical expenses for the cost of treatments and medications, lost wages or loss of earning capacity, and pain and suffering.
Injured? An Attorney Can Help You to File for Compensation
If you or someone you love were fitted with a hip implant and you did not undergo a revision surgery, you may still be entitled to receive compensation for your suffering. The affiliated attorneys at Attorney Group will provide you with a free, no-obligation case evaluation and help to determine if you have a valid claim. We will connect you with professional, experienced attorneys who are familiar with hip replacement failure symptoms and the pending lawsuits surrounding these devices.