Tracy Colman  |  June 22, 2018

Category: Legal News

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Another DePuy ASR hip implant lawsuit was filed in U.S. District Court for the Northern District of Ohio, Western Division, on June 7, 2018. The DePuy ASR hip implant lawsuit joins Multidistrict Litigation (MDL) No. 2197 and was filed by plaintiffs Michael D. and Tina D., a married couple. Michael and Tina are citizens and residents of New York State.

Now 60-year-old Michael D. alleges he was the recipient of a DePuy ASR hip prosthetic during a total right hip arthroscopy (THA) performed on August 21, 2008. Michael was 50 years old at the time this surgery was done at St. Peter’s Hospital in Albany, New York by Dr. Frank Conguista.

According to the narrative of the DePuy ASR hip implant lawsuit, Michael also had the same prosthetic implanted in his left hip nine months later in the late spring of 2009. Nine years after the first surgery, the primary plaintiff started to develop bilateral problems with the prosthetics.

In June 2017, Michael alleges, he was diagnosed with an infection in the right hip joint. Around the same time, it was discovered that he had a severe amount of fluid retention in the left hip. He says he was placed on extensive and repeated rounds of antibiotic therapy.

The plaintiff states in his DePuy ASR hip implant lawsuit that he experienced significant fatigue and muscle weakness with limited mobility secondary to the infection. Upon closer examination through blood work, he says he he was found to have higher-than-normal cobalt and chromium (heavy metals) levels.

Because of this condition, known as metallosis, Michael has the hip prosthetic on his left side removed and replaced in November 2017 by the same orthopedic surgeon.

Michael D.’s DePuy ASR hip implant lawsuit claims that he could not possibly have known that the problems he later experienced with the prosthetic implants in his hips were due to a device defect. The devices were implanted in him in 2008 and 2009 respectively, and the DePuy Orthopaedics Co. didn’t initiate a recall of this product until late August 2010.

By the time the recall occurred, close to 100,000 patients had had the device implanted. The manufacturer’s stated reason for the recall was a higher-than-average rate of prosthetic failure which led to the need for revision surgery. A study of the problems identified that nearly one out of every eight devices became dysfunction within five years of implantation.

The DePuy ASR hip prosthetic unit consisted of a femoral head and acetabulum socket liner entirely made of metal that articulated directly with each other. Like other metal-on-metal devices, the ASR system could possibly shed metallic debris into the tissues surrounding the joint.

This shedding can lead to pseudotumors which affect mobility and heavy metal blood poisoning. In the worst cases, these high blood levels can contribute to certain types of heart disease and cancer.

Michael brings 22 causes of action against the DePuy Co. Among them are allegations of design and manufacturing defects, gross negligence, constructive fraud, fraudulent concealment, failure to warn, breach of express and implied warranties. Tina—his spouse—brings one claim of loss of consortium against the defendant.

The plaintiffs are seeking compensatory and statutory damages that include all costs associated with litigation. They also hope for punitive damages to be assessed by the jury.

The DePuy Orthopaedics Lawsuit is Case No. 1:18-dp-20045-JJH in U.S. District Court for the Northern District of Ohio, Western Division.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The hip implant attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. [In general, metal hip implant lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

Learn More

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.


Get Help – It’s Free

Join a Free DePuy ASR Hip Implant Class Action Lawsuit Investigation

An attorney will contact you if you qualify to discuss the details of your potential case at no charge to you.

PLEASE NOTE: If you want to participate in this investigation, it is imperative that you reply to the law firm if they call or email you. Failing to do so may result in you not getting signed up as a client or getting you dropped as a client.

E-mail any problems with this form to:
Questions@TopClassActions.com.

Oops! We could not locate your form.

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.