Recipients of DePuy’s Faulty Replacement Hips Shocked to Find the Company Does Not Guarantee Its Products

Recipients of DePuy Orthopaedics’ recalled hip implants, the ASR XL Acetabular System and the ASR Hip Resurfacing System, must often undergo “revision” surgeries to replace their defective implants. These implants are typically meant to last for 15 years, but DePuy’s often fail after only 5 years. After experiencing excruciating pain from the replacement hip that was supposed to cure them of their pain, recipients undergoing revision surgeries face a second shock: unlike most other products on any market, hip replacements do not come with manufacturer warranties. Patients must pay for the new implant as well.

How can this be the case, even when other replacement implants, namely defibrillators, appear on the market with 30-year warranties? The New York Times interviewed representatives from manufacturer Zimmer Holdings, claiming, “The longevity of a hip implant depended on many factors beyond the company’s control, including a surgeon’s skill, a patient’s weight and a patient’s adherence to postoperative restrictions on activity.” The Times also contacted DePuy, which touted its claims system. That, along with its more recent recall “help line” are both mechanisms the company uses to benefit itself in lawsuits by gathering information from patients that it does not hold confidential.

Because its products come with no warranties, DePuy actually gains by selling defective hip implants. It gets to charge full price, often up to $15,000—with a very high profit margin—for any subsequent replacement hips while passing all the costs to recipients. Those who are fortunate enough to have insurance or Medicare do not have to pay so much of the out-of-pocket expenses. In those cases, though, insurers and taxpayers pay for the remainder.

Sadly, even the momentous 2010 healthcare reform bill Congress passed does not address medical implants lack of warranties at all. Instead it placed an excise tax on them, expected to raise $20 billion over the next decade. The result will be more expensive hip replacements for recipients who need them, higher medical bills, and higher costs to insurance companies and Medicare. It also fails to prevent more defective implants from companies like DePuy to hit the market.

Don’t let DePuy blame hip replacement recipients for overstressing the hips they should have manufactured more carefully and didn’t guarantee. If you or a loved one has a recalled DePuy hip implant, contact a lawyer at the Rottenstein Law Group. We will defend your rights, even if it requires filing a lawsuit against DePuy on your behalf.