Even Without Warranty, Recipients May File DePuy Lawsuits

An untimely failure of an implanted hip replacement would sometimes be caused by a manufacturing error or a design flaw. Johnson and Johnson division DePuy Orthopaedics faces numerous hip replacement lawsuits in the wake of the recall they issued for their ASR XL Acetabular System and ASR Hip Resurfacing System. Their hip implants showed to have a high five-year failure rate of 12 percent. The industry averages only about 5 percent. The American Academy of Orthopaedic Surgeons (AAOS) states that 80 percent of artificial hips implanted last about 20 years.

Orthopedic devices offer no warranty. Unlike most medical devices like heart implants, defibrillators and pacemakers who extend 30-year and 5 to 7-year warranties, artificial hips offer none. The reason products hold a warranty is because in the event the said product fails, customers are protected from shouldering the costs.

Why don't hip replacement devices have warranties? A simple answer could be the business are raking in profits. Nowadays, more people need hip replacements. Aside from the fact that we have an aging population, patients would also need to have a hip replacement surgery at a younger age. The profit generated by the hip devices is among the highest of any medical product.

New York Times came up with several reasons for hip replacement's lack of warranty. “Either they do not have faith in their products, or they are just saying tough luck to patients,” said Arthur Levin, director of Center for Medical Consumers-- an advocacy group based in New York. Orthopedic company Zimmer Holdings relates that the lifespan of a hip replacement would depend on a number of things the company has no control over including the surgeons skill in implanting the device and the patient's weight and lifestyle.

DePuy gives no warranty for their devices. However, they offered to evaluate and address complaints in a case to case basis. The fact is, DePuy should reimburse and compensate victims of the hip recall, with or without a warranty. Filing a hip recall lawsuit would deem necessary in order to be compensated for losses brought about by the defective ASRs.