According to a recently discovered internal email sent by a DePuy executive, there is a good reason why only one out of the two DePuy ASR hip components was ever sold in the United States. According to the New York Times, an August 2009 email from the vice president of DePuy admits that clinical trials for the ASR resurfacing device reported high failure rates and that the FDA would likely never approve their use in the United States based on those findings.
Hip resurfacing differs from total hip replacement in that it preserves more of the existing hip socket. The DePuy ASR Resurfacing System first went on the market abroad in 2003. However, because resurfacing had not been around for that long, the FDA required DePuy to conduct clinical trials before selling the device in the United States.
DePuy was able to introduce the ASR XL total hip replacement system earlier, however, through a regulatory loophole called 510(k) approval. They were able to prove that it was similar enough to existing products on the market to avoid clinical trials. It was put on the U.S. market in 2005.
Thus, it is important to keep in mind that the DePuy ASR Resurfacing System was the only full set of clinical trials that were available to analyze the safety of the products. In 2009, when DePuy finished the clinical trials and sought FDA approval for sale in the United States, they were denied.
According to previous statements from DePuy, clinical trials did not forecast the high failure rates we are seeing now. In fact, they maintained that their internal information refuted the complaints that were coming in from surgeons and regulators abroad.
However, details uncovered in the August 2009 email from DePuy vice president Pamela Plouhar are clearly out of sync with these earlier claims. The email, sent with the purpose of outlining the FDA’s recent decision not to approve the resurfacing device, pointed to high failure rates seen in clinical trials.
Ms. Plouhar reported that there had been “a significant number of revisions in the ASR group” compared with “very few in the control group.” She also cautioned that further research might not change the FDA’s stance and that it may take years to conduct more research.
As surgeons involved in the clinical trials started to see higher failure rates in their patients, so did doctors in the UK and Australia, where the device was used on regular patients. When European and Australian regulators and surgeons started to report the failures, DePuy’s answer was that the surgeons were installing them improperly. Interestingly, the surgeons who installed the devices in the clinical trials were hand-picked by DePuy, including some who were involved in the development of the implant. If they were seeing high failure rates within their clinical trials, why would they blame the foreign doctors who were seeing the same results?
In documents dated just a few weeks after Plouhar’s email, a decision was made to phase out the resurfacing implant from the European and Australian markets. According to DePuy, this decision was made solely for “business purposes” because of declining sales, rather than safety issues.
Andrew Ekdahl, the company’s current president, reiterated that position in his statement last week. When they made the decision to phase it out, however, regulators in Australia and the UK were closely scrutinizing the product for its safety issues. Logically, one could argue that declining sales had a lot to do with safety issues.
DePuy has declined to respond to specific questions about the email. Mindy Tinsley, DePuy spokesperson, said the email was “simply a notification to senior management about the FDA feedback as the company appropriately continued to study data.”
As the New York Times points out, DePuy does not appear to have violated any laws by not publicly releasing the FDA ruling. FDA policy is to not release these letters due to confidentiality purposes.
However, what does this say for DePuy, who maintained that the clinical data showed no signs of early failure, and that early failures can be attributed to a mistake made by the surgeon?
If you or a loved one has undergone total hip replacement surgery and has since experienced problems, it is important to understand your legal options as soon as possible. Contact an attorney for a free consultation.
For more information, see the original NY Times article HERE
For more information on the DePuy ASR litigation, visit www.badhipimplant.com











