Veterans from America’s wars who have undergone hip implant surgery in Department of Veterans Affairs (“VA”) hospitals or elsewhere may now have another enemy to battle – one in their own bodies. That’s because the DePuy hip implant, frequently used in VA hospitals and by orthopedic surgeons in private practice across the country, has been recalled by DePuy Orthopaedics, a division of Johnson & Johnson. The reason DePuy recalled the DePuy hip implant: the DePuy hip implant’s high failure rate.

The Veterans Health Administration (“VHA”) recently issued a notice advising of the DePuy hip implant recall. The VHA notice referenced the August 26, 2010 recall of the DePuy hip implant by DePuy Orthopaedics and warned Veterans to follow up on their DePuy hip implant surgery on an annual basis for the first five years after their surgery, and then as required after that.

Moreover, the VHA explained that, in response to the DePuy hip implant recall, the National Center for Patient Safety Product Recall Office had posted a notice of the DePuy hip implant recall to the VHA Alerts and Recalls Web site and sent a back-up e-mail communication to all VHA Facility Recall Coordinators. The VHA said that all in-stock DePuy hip implant products were to be sequestered and devices in the possession of the Department of Veterans Affairs (“VA”) were to be returned to DePuy Orthopaedics.

The VHA reports that, as of November 9, 2010, all in-stock DePuy hip implant products had been identified and sequestered. No Veteran, therefore, should have received the DePuy hip implant in a VA hospital (or elsewhere) since then.

Not every VA hospital used the DePuy hip implant in every hip implant surgery for Veterans. For example, the Veterans Memorial Hospital in Waukon, IA, says that the recalled DePuy hip implant had “never been used” at its hospital even though it does use DePuy products. That is not the case, however, for many other VA hospitals across the country.

DePuy Hip Implants And Veterans

Veterans who have had hip implant surgery should seek to determine whether they have been implanted with the DePuy hip implant – and they should act promptly. That’s because state laws known as a “statutes of limitations” limit the time within which an individual with a DePuy hip implant can bring a lawsuit against DePuy. Depending on the state and how courts interpret the laws, those limitations periods may begin to run from the date the DePuy hip was implanted, the date the DePuy hip implant is removed or sometime when the news of the recall became public.

Veterans who have had the DePuy hip implant and who continue to suffer hip pain, who are contemplating revision surgery to replace their DePuy hip implant, or who are wondering about potential future problems with the implant, do not have to stand alone for this fight. You can reach out to an attorney for legal advice and representation.

DePuy Hip Recall Lawsuit

If you are a Veteran, or if you have a loved one who is a Veteran, who has experienced any problems as a result of a DePuy hip implant, you may be able to file a lawsuit seeking compensation for your medical expenses, pain and suffering, lost wages and more. Contact one of our lawyers today for a free and confidential DePuy hip recall lawsuit evaluation.

Published November 17, 2011 by