An important deadline is approaching for some of the potential claimants eligible for benefits from the DePuy ASR hip implant settlement.

The deadline is for DePuy ASR hip recipients who underwent revision surgery between Aug. 31, 2013 and Jan. 31, 2015. These claimants have July 19, 2017 to enroll in the second round of settlements, known as the “2015 settlement.” Details can be found on the settlement administrator’s website.

Patients who had hip revision surgery after those dates may still be eligible for benefits under later agreements within the DePuy ASR hip implant settlement. Any patient who has needed revision surgery to replace the DePuy ASR XL Acetabular Hip System or the DePuy ASR Hip Resurfacing System since March 2015 could be eligible.

Johnson & Johnson’s DePuy ASR metal-on-metal hip implant has resulted in thousands of lawsuits since the FDA announced a voluntary recall in August 2010. Initially, $4 billion was paid to settle 8,000 claims. In the most recent round of settlements, DePuy has agreed to pay an additional $420 million to settle claims not covered under the earlier settlement.

ASR Hip Implant Settlement Due to Metallosis

DePuy ASR causes metallic components to scrape against each other, leading tiny metal shavings to settle into the body, resulting in high cobalt or chromium levels in the blood. Metal poisoning in the soft tissues of the body, also known as metallosis, can cause the affected cells to die. The only way to reduce the poisoning is to have hip revision surgery to remove the offending metal parts.

Metallosis can cause problems with nearly every system in the human body, including:

• Degenerative heart disease or cardiomyopathy
• Impaired renal function
• Thyroid dysfunction
• Hearing impairment or deafness
• Skin rash
• Pseudotumors around the hip implant, causing pressure and inflammation
• Cancer due to toxic metals entering the system
• Dislocated hip
• Reduction in bone strength or structure, causing easy fracturing
• Implant loosening
• Bone death, creating spontaneous dislocation or fracture

All of these complications are the same problems reported with the DePuy Pinnacle hip replacement system. The ASR’s design was based on the Pinnacle’s failed metal-on-metal system.

Even though many manufacturers have recalled or stopped producing metal-on-metal hip systems, the FDA has not banned the design even though the risks of problems are much greater with fully metallic systems.

ASR Hip Implant Settlement Due Because Problems Allegedly Were Known

During litigation, attorneys revealed an internal Johnson & Johnson memo that showed the company knew that 40 percent of those who underwent ASR hip implant surgery would need revision surgery within only five years.

Johnson & Johnson management allegedly knew the ASR hip implant’s design was fraught with problems. Surgeons expressed concerns about the high rate of complications and urged Johnson & Johnson to stop selling the ASR hip system.

The new ASR hip implant settlement is complicated, but attorneys with experience in medical product liability cases could help patients receive up to $500,000 each for their DePuy ASR troubles.

If you believe you qualify for the ASR hip implant settlement and have undergone revision surgery since March 2015, you could benefit by speaking with an attorney regarding your options.