In August, 2010, Johnson & Johnson announced that two variations of hip prosthetics manufactured by one of its orthopedic medical product companies, DePuy Orthopaedics, will be recalled due to the necessity for additional orthopedic surgery in a high percentage of patients who received ASR components. The recall affects the ball-and-socket component system used in total hip replacements, including the DePuy ASR XL Acetabular System and the ASR Hip Resurfacing System, often used in a new procedure to conserve natural bone.
Although the total hip replacement system underwent testing prior to receiving FDA approval, DePuy changed the design of a sub-component, but was not required to re-submit the system for further approval. The new design has resulted in persistent inflammation and pain in many patients, requiring a corrective procedure or replacement surgery in one out of every eight (12 percent) recipients within five years. The other recalled part, the ASR Hip Resurfacing System has never been approved for use in the United States, although a small number of patients received the system through a clinical trial.
If you or a loved one suffered injury and required additional medical treatment and corrective action after receiving a DePuy prosthetic hip replacement system in Oregon or southwestern Washington, you may be entitled to seek compensatory damages related to the negligence on the part of the manufacturer, as well as the surgeon or hospital, if they are held liable.
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Dave Miller and Bob Wagner both began their legal careers as a defense lawyer for malpractice insurance companies. Their insights into the claim evaluation and investigation process from the defense side can give you an accurate idea of the strength and value of your case. They also have access to a wide network of outstanding medical experts — trusted professionals whose involvement with your case is indispensable to its success. In fact, Oregon and Washington doctors often call Miller & Wagner when they need advice about potential malpractice claims for their own family members and friends.
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Even if you signed off on the risks — call us.
Whether the patient accepted the risk of a complication through the informed consent process is often a sharply disputed issue in surgical malpractice litigation. In cases involving dangerous or defective implants under recall, the patient may not be held accountable for acknowledging the risk of injury. We work with the Northwest’s most distinguished orthopedic surgeons to investigate and prepare your case.
From our offices in Portland, our medical malpractice trial attorneys represent plaintiffs in medical negligence claims against physicians and health care providers throughout Oregon and Washington. For your convenience, we have a satellite office in Eugene.