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Earlier this year, DePuy Orthopedics voluntarily recalled its hip replacement devices after some patients suffered injury from a failed hip replacement. The failure usually occurred within three to five years of the surgery, and occurred in more cases than would be expected from a predicted fail rate. While complications currently have occurred in about ten percent of those who have received the implant, experts expect this number to rise with the passing years after surgery. Only hip replacement surgeries performed after July 2003 are subject to the DePuy recall.

When to See a Doctor

You should see your doctor first to determine what type of hip replacement device was implanted during your surgery, then to discuss any symptoms you may be having. If you are not experiencing any symptoms, your surgeon may want to do additional testing and continue monitoring your condition.

If you are experiencing pain, inflammation, swelling, or can hear the implant joint making noise, you should tell your doctor. He or she may suggest a change in diet, medication or possibly an additional surgery. Detailed records should be kept by your doctor, but should also be kept by you.

When to See a Lawyer

You should consider consulting with a lawyer if you have discovered that your hip replacement device was in fact one that is the subject of the DePuy recall and DePuy lawsuits. Even if you have experienced no ill effects at all from your hip surgery, you should see a lawyer as soon as you can. The filing of a lawsuit is limited by a certain time depending on the type of lawsuit and jurisdiction in which the lawsuit will be filed. The time limit may be as short as one year, or may be six. You do not want your action barred because you did not file the lawsuit timely.

If you received notice of a class action lawsuit already filed, you have a certain amount of time in which to opt out of the class action. Whether you opt out or not depends on your situation and any symptoms you are experiencing. If you are not experiencing any symptoms from your DePuy hip replacement, you should probably stay abreast of any potential class action lawsuits that may be filed.

When several individuals file lawsuits regarding the same issues, against the same defendant, they are often consolidated to take advantage of a single judge and consistent rulings. It also enables the parties to avoid duplication of discovery and other resources necessary for litigating a lawsuit. An added benefit of this litigation is that each plaintiff and lawyer received an award or judgment instead of one class action award shared according to rules set by the court or settlement parties.

The DePuy lawsuit claims are in the early stages and there are no settlement negotiations currently going on. If you have been affected by the DePuy recall, you should contact an attorney soon so that you can find out what your rights are, discuss the outcome potential of various procedures and make a decision on how you will proceed.