DePuy ASR Hip Lawsuit – Recall Information, Litigation, Settlements
Serious complications associated with the ASR XL Acetabular Hip Replacement and ASR Hip Resurfacing systems have sparked litigation across the country as thousands of patients are taking legal action against DePuy Orthopaedics, manufacturer of the prosthetic implants. Individuals who have filed a DePuy ASR hip lawsuit are seeking damages for past and future medical expenses, lost wages, and pain and suffering, which they attribute to the defective nature of the ASR device. The DePuy hip recall was announced in August 2010, after research demonstrated that early failure rates were unreasonably high.
DePuy ASR hip replacement problems lead to lawsuits
The timeline below captures the main events that have led to the filing of, thousands of lawsuits:
- 2008 – Reports from orthopedic databases abroad revealed that the DePuy ASR was failing at high rates in patients after just a few years. Hip replacements are designed to last up to 15 years.
- 2009 – The FDA sends confidential correspondence to Johnson & Johnson – Parent Corporation of DePuy – regarding the pending clearance of the ASR Hip Resurfacing System in America, voicing concerns that the manufacturer had not provided adequate clinical data to demonstrate the model’s safety. DePuy continues to market the device outside the United States.
- 2010 – Following safety concerns over high failure rates, DePuy begins to phase out its all-metal implants in the United States. The company states these actions are based on flagging sales and blames surgeon errors for ASR hip complications.
- 2010 – Citing higher than expected revision surgery rates for metal-on-metal hip implants, the device maker issues a DePuy hip ASR recall on August 24, 2010.
- 2010- In December, all federal DePuy hip lawsuits concerning the ASR modela are centralized in multidistrict litigation in Ohio District Court.
- 2011 – The FDA cautions DePuy to stop manufacturing specific products including artificial joint systems, citing the company for improper marketing without prior approval.
- 2012 – Thousands of adverse event reports concerning all-metal hip replacements flood the FDA, many of which involve devices made by Johnson & Johnson and DePuy.
- 2013 – Multidistrict litigation regarding the ASR hip implants is underway with bellwether trials are slated to begin May 6, 2013 and July 8, 2013 respectively.
Legal advice available to those with DePuy hip replacments
Individuals who were implanted with an ASR hip replacement and suffered complications from the device can review their options for pursuing legal recourse with a qualified attorney. The company currently faces more than 6,000 DePuy hip lawsuits related to ASR models and has already reached settlements with some plaintiffs.
Even more plaintiffs are involved in DePuy Pinnacle hip lawsuits regarding a completely different hip replacement model. Though no recall was issued with regard to the Pinnacle, patients have also come forward in numbers that have warranted the creation of its own federal multidistrict litigation.
Since 2010, ASR hip patients have reported receiving various paperwork directly from the device manufacturer. Such correspondence may include offering of funds for ASR revision surgery and certain medical therapies. However, potential damages like lost wages, disability, and pain and suffering are likely not covered by the manufacturer.
With such conflicting information available to patients in the aftermath of the DePuy hip recall, recipients of these products may wish to consult with an attorney about their legal options.
Potential DePuy hip lawsuit plaintiffs should:
- Talk to your lawyer before signing any documents or waivers.
- Keep all medical records detailing your ASR hip replacement and/or revision surgery and only give copies of these to your lawyer.
- Prior to undergoing DePuy hip revision surgery, get multiple opinions to ensure it is necessary.
- Watch out for physicians who discourage legal action, as some may be funded by DePuy.
Your lawyer will explain your legal rights in filing a medical malpractice and/or products liability lawsuit for ASR hip problems.
DePuy ASR hip litigation
The DePuy hip recall affected an estimated 37,000 patients in the United States. Owing to the sheer number of individual lawsuits from ASR hip complications, the Judicial Panel on Multidistrict Litigation (JPML) consolidated all federal-level DePuy ASR hip lawsuits under one judge for more efficient pretrial proceedings. The MDL (No. 2197) is underway in the U.S. District Court for the Northern District of Ohio, and is being overseen by Honorable Judge David A. Katz.
Other ASR hip replacement recipients have opted to file their DePuy ASR claims in state court, with around 2,000 cases centralized in California state court. The first DePuy hip lawsuit trial in Nevada was originally slated to begin December 3, 2012. However, settlements were reached by both parties in August 2012, working out to roughly $200,000 per plaintiff.
Future DePuy hip lawsuit settlements
It is uncertain how much Johnson & Johnson will negotiate in out-of-court settlements for state or federal claims involving the DePuy hip recall, but insiders close to the litigation say the company has set aside more than $2 billion for the cost of future litigation. Settlement amounts are kept confidential, but it is safe to say that DePuy and Johnson & Johnson are currently in settlement discussions with plaintiffs and their lawyers at this time.
DePuy ASR hip lawsuit case evaluations
Individuals who received an ASR hip replacement and suffered complications are urged to contact a lawyer today. The amount of compensation available as a result of a successful DePuy hip lawsuit is potentially greater than what patients would receive through the company’s standard procedure. By filing a claim, plaintiffs may demand monetary damages for additional medical bills, lost income, and pain and suffering.
If you or a loved one has experienced complications from your ASR device, it is recommended that you contact a skilled trial attorney for a complimentary consultation.
- New York Times, (February 21, 2012) Flawed DePuy Hip Implant Had Early FDA Notice, http://www.nytimes.com/2012/02/22/business/flawed-depuy-hip-implant-had-early-fda-notice.html?pagewanted=all&_r=1&
- Food and Drug Administration (FDA), (January 17, 2013), Recalls Specific to Metal on Metal Hip Implants, http://www.fda.gov/MedicalDevices/Products