Dr. Thomas Schmalzried, the Los Angeles orthopedic specialist who co-developed DePuy's ASR hips, and DePuy executives knew about the high failure rate of the ASR hip implants for two years before the product was recalled, according to a New York Times article published in March.
I really hope Schmalzried and DePuy didn't cover up the faulty device since 2008. If they knew about the device failures and issued a recall, the ASR XL Acetabular System hip implants could have been removed from the market earlier than Aug. 26, potentially saving thousands from getting unnecessary and difficult revision surgery.
Schmalzried also allegedly collected more than $3 million for his work on DePuy's hip and other products as he allowed the devices to be implanted for two years, while he was aware of the problems with the prosthesis.
If the allegations are true, Schmalzried and DePuy allowed for the sale and implantation of hips with a 12-13% failure rate as opposed to the the industry standard of 5%.
As more details of the recall emerge, exposing Schmalzried's and DePuy's disregard for public welfare while they collected millions of dollars, it's important to have a DePuy hip recall attorney on your side to make sure that your legal rights are protected.