A couple filed a DePuy ASR hip lawsuit in Ohio federal court joining a growing multidistrict litigation (MDL) lodged against the company.
The DePuy ASR hip lawsuit was filed on July 12, 2018. Plaintiffs Sharon and Joseph P. are demanding jury trial.
According to the DePuy ASR hip lawsuit, both are residents and citizens of the State of New York. Sharon filed the complaint alleging severe injuries and damages suffered, and her spouse Joseph alleges loss of consortium.
Sharon claims she suffered injury to herself, economic loss, loss of services, and loss of consortium, the DePuy ASR hip lawsuit states.
According to the lawsuit, Sharon was implanted with a DePuy ASR hip implant on her left hip on Sept. 10, 2008 at St. Luke’s Hospital. However, following implantation, she says she suffered severe damages and injuries including “pain, stiffness, discomfort, and weakness which in turn negatively affected… [her] mobility and quality of life and necessitated a revision surgery and the resultant pain following surgery and recuperation/rehabilitation period…”
She also says that she suffers anxiety from the recalled hip implant, in addition to suffering metal toxicity in her body.
The DePuy ASR hip lawsuit is filed on multiple counts including negligence, negligence per se, defective design, manufacturing defect, failure to warn, breach of express warranty, breach of warranty as to merchantability, breach of implied warranties, fraudulent misrepresentation, fraudulent concealment, negligent misrepresentation, fraud and deceit, unfair and deceptive trade practices, misrepresentation by omission, among others.
Overview: DePuy ASR Hip Lawsuit
There have been several adverse effects and complications associated with Johnson & Johnson’s ASR hip replacement device. As a result the device has been the subject of a massive hip implant settlement because of these serious injuries.
Some of these adverse effects which include the need to undergo hip replacement revision surgery include some of the following:
- Cobalt poisoning
- Pseudotumors or non-cancerous tumors surrounding the hip implant
- Metal poisoning or metallosis that includes the presence of chromium or cobalt particles in the bloodstream or surrounding tissue
- Death of tissue
- Bone fractures from bone strength loss or structure
- Cancer
- Cardiomyopathy or Degenerative Heart Disease
- Hip Dislocation
- Metal hip implant failure resulting in early hip replacement surgery
The U.S. Food and Drug Administration (FDA) announced the company’s voluntary recall of defective ASR hip implant devices on Aug. 24, 2010. There were roughly 93,000 affected ASR hip replacement devices affected worldwide and 37,000 defective devices affected in the United States.
The recall was issued after data released from the UK joint registryshowed that 13 percent of DePuy ASR hip implants required revision surgery due to severe complications and high failure rates caused by conditions such as metallosis, infection, dislocation of the device, and immobility.
The DePuy ASR Hip Lawsuit is Case No. 1:18-dp-20054-JJH, in the U.S. District Court for the Northern District of Ohio, Western Division. The DePuy ASR MDL is in re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation, MDL No. 1:10-md-2197, in the 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.
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