Laura Pennington  |  November 13, 2018

Category: Legal News

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ASR hip revision surgery lawsuitA Texas woman claims that she had to undergo ASR hip revision surgery as a result of the failure of the device after original implantation in a new lawsuit. She alleges that the device was defective and dangerous and that she should have been warned well in advance of the problems she might experience following implantation.

According to her lawsuit, the plaintiff, Kathleen T., was implanted with an ASR hip device in November 2009 in Texas. The plaintiff says that following that surgery, she began to suffer a variety of side effects directly related to the device’s placement in her right hip.

The ASR hip revision surgery lawsuit alleges that she suffered from emotional distress, pain and suffering, heightened levels of heavy metals in her blood, and medical damages from treating those symptoms.

Because of the pain she experienced with that original device, the plaintiff says she underwent ASR hip revision surgery on Oct. 1, 2018. She says that as a result of that ASR hip revision surgery, she suffered additional damages, including medical expenses, as well as pain and suffering related to the surgery and resulting side effects she says she experienced in recovery.

The plaintiff in the lawsuit says that DePuy, the manufacturer of the ASR hip implant, is responsible for the injuries she sustained, in addition to failure to warn. She says that she was not given enough information about the problems with the device, including the risk of ASR hip revision surgery.

The lawsuit was filed on multiple counts, including defective design, negligence, breach of implied warranty, fraudulent misrepresentation, negligent misrepresentation, constructive fraud, loss of consortium, medical monitoring, and punitive damages.

The plaintiff alleges that DePuy, a major medical device manufacturer, has had to issue a recall of the ASR hip device system since it went on the market. Unfortunately, many of their devices had a high failure rate, meaning that patients suffered with pain and also may have had to undergo ASR hip revision surgery.

According to complaints about this device, patients were told that they would have a greater range of mobility with the ASR hip replacement, but what actually happened caused them severe pain and made it more difficult to move.

Patients like Kathleen allege that DePuy began marketing their ASR hip device without completing thorough patient testing. DePuy was allegedly able to dodge testing because the company relied on their previous device, the Ultima hip replacement, in order to get FDA approval for their new one.

Patients allege that many of the problems leading to ASR hip revision surgery were not discovered until patients who got it came forward with complaints.

These same patients also say that they were not given enough information to make informed decisions about going through the surgery and getting the device and that the maker should have done more to warn them about the possible problems and failures prior to implantation.

The ASR Hip Revision Surgery Lawsuit is Case No. 1:18-dp-20083, MD No 1:10 md 2197, filed in the U.S. District Court 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.

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