An ASR hip replacement settlement has been reached in a Canadian class action lawsuit against DePuy.
Lead Plaintiff Kugler Kandestin filed a class action lawsuit against DePuy on behalf of over 600 plaintiffs who were implanted with an ASR XL Acetabular Hip System or an ASR Hip Resurfacing System. The ASR hip replacement settlement was reached shortly before the class action went to trial.
The ASR hip replacement settlement of $20 million is for plaintiffs who were either (1) Quebec residents at time of their ASR Implant surgery or revision, (2) Quebec residents at the time of the ASR Hip Implant recall, or (3) Quebec residents at the time of receipt of the ASR system and now reside outside of Canada.
The ASR hip replacement was subject to a worldwide recall in August 2011 due to reports of problems with the metal on metal devices. In August 2010, the FDA announced a recall of 93,000 hip implants worldwide due to data collected by the UK joint registry which found that 13 percent of DePuy ASR hip implants required hip revision surgery to correct debilitating complications. Of the 93,000 implants recalled by the FDA, 37,000 were in the United States.
The ASR hip replacement system was a metal on metal hip implant which allegedly had repeated complications that led to premature failure. According to the FDA, “metal particles from a metal-on-metal implant may cause a reaction around the joint, leading to deterioration of the tissue around the joint, loosening of the implant and failure of the device.”
Research has found that metal on metal devices are not more successful than traditional implants and carry a higher risk of revision surgery. Common complications associated with metal on metal implants include an increased risk of cancer, non-cancerous tumors, swelling, discomfort, pain, metal poisoning, and degenerative heart disease cardiomyopathy. Any of these complications can contribute to device failure and necessitate a revision surgery.
Since the recall of the system, many ASR hip replacement lawsuits, including the Canadian class action lawsuit, have been filed around the world and in the United States. Multiple lawsuits have been resolved by an ASR hip replacement settlement. Announced in August 2012, another ASR hip replacement settlement paid a combined $600,000 to settle three separate lawsuits at $200,000 each to U.S. patients.
Compensation from a ASR hip replacement settlement may be available for patients who needed hip revision surgery due to the following problems: failure of the hip implant; dislocated hip; leaking of toxic substances into the bloodstream from the hip implant; metal poisoning; tissue death for any tissue surrounding the hip implant; non-cancerous tumors or pseudotumors surrounding the hip implant; degenerative heart disease or cardiomyopathy; or cancer.
Attorneys estimate that a typical ASR hip replacement settlement would range from $200,000 to $500,000 per plaintiff. An ASR hip replacement settlement can cover medical costs, loss of wages, pain and suffering, permanent disability, and more. If you or a loved one were implanted with an ASR hip replacement system and required revision surgery due to device complications, you may qualify for an ASR hip replacement settlement.
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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