Tuesday, October 12, 2010 - Michael Shelton, partner at Onder, Shelton, O‘Leary & Peterson, LLC and a hip replacement recall lawyer, has had a number of troubling conversations with persons having had a DePuy ASR Hip Replacement procedure over the past several weeks. The most common concern relates to symptoms, including extreme discomfort and pain, and additional testing required to determine the extent of problems associated with DePuy hips, and provide the much needed peace of mind. DePuy Orthopaedics, Inc. announced the recall of approximately 93,000 ASR XL Acetabular Hip Replacement and ASR Hip Resurfacing Systems on August 26, 2010 due to a high rate of failure that requires a revision surgery in 1 out of 8 implant recipients.
depuy hip recall lawyerThe recall of a medical implant, such as the DePuy hip, is overwhelming compared to other product recalls, such as those with food or medicine. It is not as if one can simply remove the implant and return it to DePuy. Attorney Michael Shelton, a hip recall lawyer, relayed that this is a very delicate situation where patients are rightfully concerned regarding their long-term health. The Onder Law Firm has received reports of being contacted by aggressive claims adjusters, rather than medical professionals trained to discuss medical problems and symptoms. If the symptoms of a patient do not fall into very narrow guidelines, and exactly match very specific criteria given to the insurance claims adjusters, be DePuy or correlate exactly with x-rays specifications, the problems of DePuy ASR hip replacement recipients are often being dismissed. Clients are making complaints of unreturned phone calls and are left with many unanswered questions. Many of those caught up in the DePuy hip recall are expressing anger over the company‘s treatment of them equal to the pain they have experienced from a faulty hip replacement.
Patients are expressing concern about the risk of metalosis, releasing cobalt and chromium into the senovial fluid. Many are concerned about the elevated cobalt and chromium in their blood, concerned that these are known cancer causing agents. Being left at the hands of an insurance claims adjuster, instead of a medical professional, DePuy has left many patient concerns unanswered. While DePuy has offered to pay co-pays and deductibles, claims adjusters have not been adequately addressing concerns that accepting these partial payments could leave patients responsible for tens of thousands of dollars in medical bills should Medicare or federal ERISA insurance plans seek reimbursement. ‘DePuy ASR hip replacement patients have questions, and deserve real answers,‘ says DePuy recall lawyer Mike Shelton, partner at Onder, Shelton, O‘Leary & Peterson, LLC. The patients are entitled to far more than co-pays and deductibles. They are entitled to real compensation, including not only medical bills, but lost wages, compensation for pain and suffering, and for the accelerated need for future hip replacements. When confronted with these issues, patients relate that their concerns have gone mostly unanswered by DePuy‘s insurance claims adjusters.