A recently filed DePuy ASR lawsuit argues that the hip replacement system is associated with metallic debris, causing pain, tissue damage, and complications leading to revision surgery.

Plaintiffs Mary Anne L. and Dale L. recently filed a DePuy ASR lawsuit, alleging that the hip replacement implant Mary Anne received was defective and caused complications necessitating revision surgery.

The couple says Mary Anne was implanted with the DePuy ASR hip implant in October 2008. During the duration of her time with the implant, Mary Anne allegedly experienced serious pain and was found to have high levels of chromium and cobalt in her blood. Due to these complications, she had the implant removed in February 2018 during a revision surgery, the couple says.

Mary Anne claims that her injuries and subsequent revision surgery are a direct result of the implant’s defective nature, and the manufacturer’s fault. “The defendants by their actions or inactions, proximately caused Plaintiffs injuries,” the DePuy ASR lawsuit argues.

DePuy ASR Hip Implant

The DePuy ASR implant is a metal-on-metal implant used in hip replacement surgery. The implant was very popular before its recall in August 2010.

After data from the UK joint registry showed that 13 percent of DePuy ASR hip implants required revision surgery, the U.S. Food and Drug Administration (FDA) announced a voluntary recall of the product. The recall affected 93,000 units worldwide including 37,000 in the United States.

Mary Anne argues that she could not have known about her implant’s defective nature until the recall was announced and she tested for high levels of chromium and cobalt. Her DePuy ASR lawsuit explains that she “could not have known that the injuries she suffered were as a result of a defect in the ASR hip implant until after the date of device explanation and after the date the device was recalled from the market and the plaintiff came to learn of the recall.”

Complications associated with the DePuy ASR hip are similar to those affecting many metal-on-metal hip implants. The normal wear of the implant’s metal components allegedly generates metallic debris. The release of these metal shards can result in high chromium and cobalt blood levels, increased risk of cancer, degenerative heart disease cardiomyopathy, non-cancerous tumors in the joint, and premature failure of the implant.

Should the hip implant fail prematurely, the patient may have to undergo revision surgery.

The DePuy ASR lawsuit accuses defendants of strict products liability-defective design, strict products liability-manufacturing defect, strict products liability-failure to warn, breach of warranties, violation of consumer protection laws, multiple fraud charges, and numerous negligence charges.

Due to the allegedly defective nature of the DePuy ASR hip implant, Mary Anne and her husband allegedly underwent pain and suffering, mental anguish, economic loss, cost of medical expenses, and loss of consortium. The DePuy ASR lawsuit seeks compensatory damages, punitive damages, statutory damages, court costs, and attorneys’ fees.

The DePuy ASR Lawsuit is Case No. 1:18-dp-20055-JJH and is part of the DePuy ASR MDL, In re: DePuy Orthopaedics Inc. ASR Hip Implant Products Liability Litigation, MDL No. 1:10-md-2197, in the United States District Court for the Northern District of Ohio.