A consumer advocacy group affiliated with Consumer Reports is asking knee and hip manufacturers, which may include those named in Pinnacle lawsuit filings, Stryker hip lawsuit claims and cases filed after the DePuy ASR recall, to provide warranties that would allow patients who experienced premature device failure to have their hip replaced free of charge.

Consumers Union called for the creation of a “lemon law,” according to a report posted September 10th on the Consumer Reports website, after collecting data from the U.S. Food and Drug Administration (FDA) that found all major manufacturers had pulled a product or line of products from the market due to defects over the past 10 years. Given the fact that 750,000 Americans received metal-on-metal hip implants during that time, it is likely that thousands of individuals were affected by premature device failure rates that resulted in revision surgery.

“Patients have a right to know how long medical device manufacturers are willing to stand by their products,” said the director of Consumers Union’s Safe Patient Project. “While patients may be told by their surgeon how long a device can be expected to last, they rarely get a guarantee in writing since most hip and knee implants do not come with a warranty.”

DePuy ASR Recall, Stryker Recall Affects Thousands of Americans

In the case of the DePuy ASR recall, for example, the metal hip was removed from the market in August 2010 after data from the United Kingdom hip registry revealed unacceptably high failure rates within 5 years.  Three years later, court records show almost 8,000 claims involving the ASR XL metal implant pending in the federal multidistrict litigation (MDL) underway in the U.S. District Court, Northern District of Ohio. In total, some 11,000 DePuy ASR lawsuits have been filed in courts throughout the U.S., including state proceedings established in California Superior Court and New Jersey Superior Court. Thousands of claimants have also filed DePuy Pinnacle lawsuits over a metal version of the manufacturer’s Pinnacle hip replacement.

Hundreds of Stryker lawsuit filings involving the company’s Rejuvenate and ABG II modular-neck hip stems have also been filed in the U.S. on behalf of individuals who allegedly suffered pain, swelling, metallosis (metal ion poisoning) and other injuries stemming from the artificial hip’s metal components. These devices were recalled by way of July 2012’s Stryker hip recall.

“Medical device companies claim that current law provides adequate protection for patients and that their implants are dependable and safe,” added the Consumers Union affiliate. “If that’s the case, they should have no objection to offering warranties to back up those claims.”

How to File a Stryker Recall Claim, DePuy Pinnacle Lawsuit

For more information about filing a lawsuit over the metal-on-metal hip implant that injured you, contact the attorneys at Bernstein Liebhard LLP. The Firm can be reached directly at (877) 779-1414.

Published September 12, 2013 by