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San Diego Resident Files Lawsuit Against DePuy Hip Replacement For Poisoning

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Like so many others, San Diego resident Tony Stauffer has been injured by the ASR metal-on-metal hip replacement device manufactured by DePuy Orthopaedics. Stauffer claims that less than three years after receiving the artificial hip his hair started to fall out and his fingernails became brittle. He also developed rashes. Stauffer learned that he was suffering from metal ion poisoning.


Stauffer learned his artificial hip was being recalled by the manufacturer, and that his joint movement was shaving off little flakes of metal that were damaging muscle and inflaming his joints, Channel 10 news in San Diego reported. “My orthopedic surgeon’s first words [were], ‘We have to get that out of there,'” said Stauffer. “I felt angry I had to go though this again.”


Stauffer learned that the Depuy metal hip replacement device was fast-tracked through the FDA approval process, and was never tested on humans before being sold to the public. Stauffer said he wants to send a message of responsibility to the FDA, because he said, “I suffer the consequences of them being in a hurry.”

The FDA released this statement to 10News:

“On May 6, the FDA issued letters to 21 manufacturers of these hip systems ordering them to conduct what we call postmarket surveillance studies on 145 hip systems that have been cleared for marketing in the U.S. FDA explained at the time that it needed more data to better understand metal ion concentrations and adverse events associated with the systems. Some of our questions are related to reports that describe a small number of patients who may have developed symptoms or illnesses elsewhere in the body including effects on the heart, nervous system and thyroid gland that may be due to the patient’s reaction to metal ions released by the implant or by particles from the implant.”

In response, Depuy provided this statement, which read in part:

“Depuy’s top priority is and always has been patient safety. We understand that this recall is concerning for patients, their family members and surgeons. Since the recall decision was made, Depuy has worked to provide patients and surgeons with the information and support they need.

The company has made detailed recall information available on and has created a help line for patients to have their questions answered and submit claims for reimbursement. We encourage patients to call the ASR help line at 1-888-627-2677.

Depuy is committed to working with patients and their health insurers to address medical costs directly associated with the recall. Depuy will also cover recall-related patient out-of-pocket expenses, such as co-pays, deductible expenses, lost wages and travel costs. ASR patients should contact the ASR help line at 1-888-627-2677 for assistance.

In August 2010, Depuy issued a voluntary recall of the ASR hip system after receiving new information from the UK National Joint Registry as part of the company’s ongoing surveillance of post-market data concerning the ASR hip system. After reviewing this data, Depuy decided it was in the best interests of patients to voluntarily recall the ASR hip system. This data showed a five-year revision rate of approximately 12% for the ASR hip resurfacing system and approximately 13% for the ASR XL Acetabular system, which was not in line with data previously reported to Depuy.”
 disclaimer: This article: San Diego Resident Files Lawsuit Against DePuy Hip Replacement For Poisoning was posted on Tuesday, August 9th, 2011 at 7:19 pm at and is filed under Medical Device Lawsuits.

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