“This is probably the best indication to date that the failure rate will probably be,” John Skinner, an orthopedic surgeon and chairman of the authority group metal hips, said in a telephone interview. “As far as I can tell you that it is reliable.” Skinner said that the data has not been peer-reviewed publication as required.

The DePuy hip recall in August of 2010 includes both the ASR XL and ASR Hip Resurfacing System. During that time the company mentioned, in the unpublished data of the joint national application for registration in England and Wales, that 13% of the ASR XL devices required revision surgery within five years, and 12% of ASR Hip Resurfacing devices needed revisions as well.  Both devices are metal on metal models, causing a large amount of concern due to the Cobalt and Chromium being released into body.

The complainants, along with their hip recall lawyers have brought product liability, negligence and failure to warn claim against DePuy for the faulty units and are seeking medical expenses, lost earnings and compensation for their pain and suffering. More than 350 lawsuits have been consolidated in federal court in Ohio, and more than 220 pending before the California state courts. Another batch of cases is pending before a court in New Jersey.

The statement by British surgeons, suggests that DePuy has a bigger problem on their hands than it has recognized, “said Lexi Hazam, one of the hip recall lawyers from Lief Cabraser Heimann & Bernstein, LLP of San Francisco, who represents clients at trial DePuy hip processing memory hip.