Hip implants that were recalled earlier this month by DePuy Orthopedics due to a elevated rate of failure in 93,000 systems were the subject of a class action lawsuit this week.
Plaintiffs Katheryn and Jonathan Bendel filed the lawsuit in the U.S. District Court for Southern Ohio, and claim that the defective hip implants posed a risk to thousands of patients.
The suit does not target people who have experienced problems but is aimed at forcing DePuy to pay for testing and monitoring of defective hip implants for people who already have one.
“We are currently representing patients who received one of DePuy’s ASR systems and subsequently experienced problems with their hips that required surgeries to correct or remove their implants,” R. Lewis Van Blois, the lawyer representing the Bendels, said in a statement.
“The problem here is that DePuy manufactured a defective product and failed to warn patients and doctors about the potential problems, even though they were aware of serious design problems with the system.”
People who received one of the implants after July 2003 could have received a defective one, he added.
DePuy said that people who received the implants should check with their surgeons to see if the implant is doing well. The company said after the recall that they are committed to assisting patients to pay for costs of “doctor visits, tests, and procedures associated with the recall.”
Plaintiffs Katheryn and Jonathan Bendel filed the lawsuit in the U.S. District Court for Southern Ohio, and claim that the defective hip implants posed a risk to thousands of patients.
The suit does not target people who have experienced problems but is aimed at forcing DePuy to pay for testing and monitoring of defective hip implants for people who already have one.
“We are currently representing patients who received one of DePuy’s ASR systems and subsequently experienced problems with their hips that required surgeries to correct or remove their implants,” R. Lewis Van Blois, the lawyer representing the Bendels, said in a statement.
“The problem here is that DePuy manufactured a defective product and failed to warn patients and doctors about the potential problems, even though they were aware of serious design problems with the system.”
People who received one of the implants after July 2003 could have received a defective one, he added.
DePuy said that people who received the implants should check with their surgeons to see if the implant is doing well. The company said after the recall that they are committed to assisting patients to pay for costs of “doctor visits, tests, and procedures associated with the recall.”
