Oklahoma Injury Lawyer Blog

DePuy Orthopedics has withdrawn their ASR hip replacement system from the market:

"In a letter dated March 6, DePuy told doctors that recently analyzed data from Australia suggest that the ASR had a higher-than-expected failure rate when used in traditional hip replacement on certain types of patients. The letter said that the data shows that the risk is highest for patients of small stature, a group that typically includes women, and patients with weak bones." See: With Warning, a Hip Device is Withdrawn.

What's interesting is that DePuy voluntarily withdrew the product in Australia last December. Why would they wait until now for the U.S. market?

The ASR hip replacement system belongs to the category of devices known as metal-on-metal implants. The problem with the system is that it can generate large amounts of metallic debris after they are placed into the body. The can damage muscles and often requires follow-up operations shortly after the replacement. Artificial hips usually last 15 or more years.

The article states that since 2008, the FDA has received about 300 complaints on the DePuy ASR Hip Replacement. Interestingly, "the number of such complaints typically understates a product's problem, however, because many doctors and hospitals never bother to file reports with the FDA."

I just received an email with the question, "can you receive double medical coverage if you're in an auto accident?"

Here's my email reply:

I'm not sure what you mean exactly by "double medical coverage," but I'm assuming your question is along the lines of:

I was injured in a car accident that was not my fault. My health insurance paid for all my medical bills, so can I keep the whole settlement I get from the other driver's insurance company?

Short answer: Probably not. You may be able to get double recovery if you have 'medical payments coverage' under your own car insurance company. If you are a named insured, medical payments coverage is not subject to subrogation. Otherwise, if you don't have medical payments coverage, then generally you cannot get 'double recovery,' unless the health insurance company does not have a subrogation provision. Insurances companies often have what's called "a right to subrogation." This simply means that they have a right to be reimbursed for what they pay (when someone else is at fault). Note that your insurance company only has a right to be reimbursed for the medical bills. So, they shouldn't "touch" any recovery you get for lost income or pain and suffering. Here are a few examples:

The New York Times reported last week that more and more studies are showing problems with metal on metal hip replacements. The metal-on-metal artificial hips were first introduced about a decade ago. Initially, studies were showing that there was a potential to produce high levels of metallic ions, causing "allergic reactions" in patients. It turns out that the metal debris causes severe inflammatory reactions that can damage muscles, tendons, and soft tissue. The article mentions the following studies:

• 2008 Oxford University: At least 17 women that had undergone hi resurfacing with all metal devices experienced abnormal soft tissues masses in their hip joints


• England researchers: reported adverse reactions to metallic debris in 17 of 660 patients who received an implant made by DePuy Orthopedics. An additional group that received a system made by Smith & Nephew did not have metallic debris problems


• British Colombia: patients receiving a Druom socket (or cup) had significanly higher median blood serum levels of chromium (2.6 times) and cobalt (10 times).

In response to the studies, DePuy issued a statement that the incidence from its devises was much lower than reported.