DePuy Orthopaedics is facing a growing multidistrict litigation (MDL) consisting of product liability claims, which have been filed by patients alleging they suffered complications from the DePuy ASR hip implant system.
A couple from Minnesota has recently added their claim to the litigation, with the husband claiming he had suffered device complications soon after the DePuy ASR hip implant system was implemented.
Like many other prosthetic patients in the United States, Plaintiff Michael C. says he opted for the DePuy ASR hip implant system to restore hip function in damaged or deteriorating hip bones. While Michael suffered no initial complications, he claims he eventually developed painful side effects and complications related to metal on metal hip implant defects.
Michael claims that after suffering these problems, and discovering other patients had reportedly suffered similar complications from the DePuy ASR hip implant system, he and his spouse, Kimberly C., opted to file their claim.
In addition, Michael says he recently discovered the defective nature of the DePuy ASR hip implant system. DePuy announced a recall of the device in 2010; the company also formed a settlement fund for patients who suffered device complications from the DePuy ASR hip implant system and had to undergo revision surgery since March 2015.
Overview of DePuy ASR Hip Implant System Complications
DePuy had reportedly marketed the metal on metal hip implant as a safe and reliable prosthetic system, and did not make any mention of serious side effects. With these benefits in mind, Michael’s physician had recommended the DePuy ASR hip implant system. Michael had it implanted on his left side on Oct. 5, 2007.
According to his DePuy ASR hip implant lawsuit, the device was explanted from Michael on Jan. 4, 2018. He says that when the device was removed, it was noted that Michael had developed symptoms related to metallosis, or blood metal poisoning.
Metallosis is a condition that can be caused by the all metal ball and socket components interacting and shedding metal ions into the bloodstream. Some of the problems this can cause include:
- Fretting
- Infection
- Corrosion
- Debilitating Pain
- Formation of Pseudotumors
- Tissue Death
It is important to note that patients who develop these painful symptoms often have to undergo revision surgery to resolve them, which is considered riskier than the initial procedure due to higher risk of infection.
During the time he was recommended the DePuy ASR hip implant system, Michael had no knowledge the allegedly defective nature of the metal on metal hip implant system. He did not know until the hip replacement system was recalled from the market.
At all times relevant, Michael says, he and his physician had relied on the marketing claims and product information from DePuy Orthopaedics. Michael stated that he would not have agreed to have the DePuy ASR hip implant system implemented if he had known about its allegedly defective nature.
This DePuy ASR hip implant lawsuit is joining MDL No. 2197, where it will stand alongside other claims alleging similar injuries. By joining an MDL, Michael and Kimberly’s claim will be streamlined through the litigation process and will avoid potential problems like conflicting rulings from different judges.
Michael and Kimberly are seeking multiple damages against DePuy, including counts of negligence, failure to warn, and loss of consortium.
This DePuy ASR Hip Implant Lawsuit is Case No. 1:18-dp-20058-JJH, in the U.S. District Court of Northern 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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