Mark S. Cornwall
Attorney and Counselor of Law

ASRThis alert is to help those persons who have been victimized, or will be victimized, by a failed hip surgery replacement implant between the years 2003 to present. By letter dated August 24, 2010, the DePuy (pronounced like "Pepe Lepui") Orthopeadics, a subsidiary of Johnson & Johnson, recalled 93,000 defective implants, on a so called voluntary basis.

The two hip replacement devices recalled are known as the ASR Hip Recurring System and the ASR XL Acetabluor System, commonly referred to as ASR. According to a source familiar with the protocol of Cottage Hospital, in Santa Barbara, if you had a hip replacement surgery at Cottage Hospital any time in the last seven years, you have probably had it replaced with one or both of these DePuy devices due to the Hospital's preference amongst competing brands. That leaves approximately 1,300 potential patients at risk over the last five years.

If you have not already done so, you need to talk to your treating physician about how the recall of the ASR and the possibilities of its failure to work within the first five years will affect you. It could require a replacement surgery with the attenuating rehabilitation. The device is supposed to last at least fifteen years. Johnson and Johnson recalled this replacement hip system because the devices have a 12% - 13% chance of coming loose, fracturing the bone around the implant, releasing titanium metal flakes into your blood stream and causing tumors, as well as greatly increasing the possibility of infection.


A 12% failure rate is astronomic in the world of implant recalls. Meanwhile, DePuy has begun a very aggressive campaign to find the recipients of the defective devices and attempt to settle any potential case the victims may have for the cost of replacement surgery. You will receive a letter from DePuy (actually from their insurance company named Broadspire) who will attempt to have you sign a document for your authorization to receive all your medical records from anywhere, to be shared with any "service provider" contracted by DePuy. DO NOT SIGN THIS AUTHORIZATION FOR MEDICAL RECORDS.

The authorization will be abused and all your medical records will be shared with claims adjustors, attorneys, computer statistics, and against you in order to settle for the least amount of money possible. It will not cover the pain and suffering, e.g. the disappointment of a failed surgery, months of rehabilitation, the need for a replacement surgery, time, expense, lost wages, and in many cases years of never ending hip pain requiring cortisone shots every three months, and addiction to pain pills.

Because of the ASR never working for many patients it has made life more miserable both after the implant surgery and before the replacement surgery by knowing you may have your hip replaced again, and start the rehab process from the beginning again. It is always more difficult to mend the second time, but the relief is worth it.

The next step is to obtain your medical records from your treating orthopedist and bring them to an ASR recall lawsuit counselor such as myself. Your case can then be confidentially analyzed and a well planned strategy can be pursued on your behalf alone. It is not advisable to be part of a class action lawsuit unless you have little or no injuries or cost of damages. The attorneys are the only ones that come out ahead on class actions. If your case is more serious than that you need private legal counsel familiar with the implant recall and its fiscal ramification that will handle your case on a contingency fee basis.


According to the letter you will receive from DePuy, or on their website at, the "voluntary recall" of the ASR products came about as follows:

"Johnson & Johnson announced the recall of the DePuy ASR Hip Implant system after data from the National Joint Registry of England and Wales showed that 1 out of every 8 patients (12%-13%) who had received the recalled devices had to undergo revision surgery within five years of receiving it. It is suppose to work for 15 years. The recall involved the ASR XL Acetabular System, a hip socket used in traditional hip replacement, and the ASR Hip Resurfacing System, a partial hip replacement that involves placing a metal cap on the ball of the femur. Only the ASR XL Acetabular System was approved for use in the US."

The truth is that according to the Australian Joint Registry - the second largest database in the world after the England and Wales National Joint Registry - issued seven reports to DePuy starting in 2007 that identified problems with the hip implant system. The ASR system was finally withdrawn from the Australian market in December 2009.

DePuy has long known the problems caused by their ill designed hip replacement device and yet they continued to sell it to Americans for almost a year after being ousted from Australia. That means DePuy made BILLIONS of dollars off the risk of your suffering.

Mark S. Cornwal attended the National Hip Replacement Summit in Chicago on October 21, 22 and 23, 2010. He can be reached for a free evaluation at 805-845-7558, or use our contact form.


Upon my return from the National Hip Replacement Summit in Chicago, IL, I believe it is important to get the word out about how dangerous this defective DuPuy hip replacement surgery has been. The massive tort action that will be needed if you or a loved one, or anybody you know, has been a recipient of a DePuy ASR device as part of a hip replacement surgery since 2003 should contact me immediately for legal advice.

What has came to light last August is that DePuy Orthopedics, a subsidiary of Johnson & Johnson Corp. betrayed 93,000 persons between 30-55 years old and older, with the promise of a new and active life, pain free with full modality of their hip, when in reality DePuy had full knowledge these "ASR devices" were defectively designed. Statistics showed that 1 out of 8 persons would need a replacement hip within five years (many within the first year) resulting in extreme pain, lengthy rehab, and a crippled hip life.

Once again, the corporate bottom line trumped the risk of disabling the consumer. By 2009, DuPuy announced a profit of 5.4 BILLION dollars, and yet they continued to sell the known defective ARS devises until they "volunteered" to recall them August 24, 2010.

What is more disgusting then DuPuy's betrayal to the consumer and surgeons are the actual facts of the damage caused by these devises and the lethal harm to patients if not detected as soon as possible.

The true danger lies in the asymptomatic joint region where because the ASR titanium ball or cup chafes off its titanium flakes into the blood stream. The body's immune system attacks the joint with extremely high levels of chromium and cobalt. These high levels of ions enter the joint and chemically produce a poison called ALVAL that kills the flesh, ligaments, bones and other tissue that cannot be rejuvenated. This metalloid reaction causes the bone to loosen through osteolysis where the immune system attempts to reabsorb the bone by cracking and wearing it down so that can no longer hold the ASR ball at the top of your femur. The ball dislocates from the hip and causes exactly what you do not want to happen to anyone because it cannot be repaired without permanent damage.

I realize the above sounds pretty technical, but one look at the films would explain it all. It is all very ugly and you would not wish it on your worst enemy. When you add the fact it could have been avoided by a moral manufacturer, it makes you sick.

Mark S. Cornwal lives in Santa Barbara, CA. He can be reached for a free evaluation at 805-845-7558, or use our contact form.

News and Updates
This alert is to help those people who have been victimized, or will be victimized, by a failed hip surgery replacement implant from 2003 to the present. By letter dated Aug. 24, 2010, DePuy Orthopeadics, a subsidiary of Johnson & Johnson, recalled 93,000 defective implants on a so-called voluntary basis.

The two hip replacement devices recalled are known as the ASR Hip Recurring System and the ASR XL Acetabluor System, commonly referred to as ASR. According to a source...

More than two years after the Food and Drug Administration began receiving complaints about the failure of a hip replacement implant made by the DePuy Orthopaedics unit of Johnson & Johnson, the company said Thursday that it was recalling two kinds of hip implants.

DePuy said that it had made the decision to withdraw the products because...