The success of DePuy Hip Replacements was short-lived. After only a few years in the market, on September, 2010, Depuy Orthopedics, Inc. had to take its ASR XL Acetabular System and DePuy ASR Hip Resurfacing System off the market due to a relatively high failure rate within five years of surgery, which required patients to seek additional surgery.
The recall, which was voluntary, is expected to be a big expense for the company, which has reportedly suggested that patients utilizing the recalled products see their implant surgeons for a full evaluation of performance. The cost of any doctor visits, tests and procedures associated with the recall will be carried by the company.
This, however, will not be DePuy’s only expense, as those affected by the defective product have already started filing suit. Indeed, so many lawsuits have been filed, that a Multi-District Litigation (MDL) has been established in the Northern District of Ohio to hear all DePuy hip replacement claims filed in federal court. Canada patients have also started demanding compensation for their failing hip replacements.
The countless lawsuits and the additional expense are only some of the problems these devices have brought to the company. Last summer, DePuy came under the scrutiny of the Food and Drug Administration for its marketing practices, which violated the Federal Food, Drug, and Cosmetic Act. According to the FDA, the company violated the Act when it advertised some of its hip replacements without obtaining the required marketing approval.
What would happen to the company next has yet to be seen, but one thing is clear: DePuy’s hip replacement will leave their mark on the company’s pockets which will have to carry the expense of litigating hundreds of suits.