
A Florida woman has brought a DePuy ASR metal hip implant lawsuit against the medical device manufacturer claiming she suffered injuries as a result of the device.
Plaintiff Rosemary H. was implanted with a DePuy ASR metal hip implant in June 2007 in Cocoa Beach, Florida. After her implantation, she suffered personal and economic injuries including pain, osteolysis, metallosis, elevated metal ions, presence of metal debris and wear and other injuries, according to her lawsuit.
She claims damages as a result of injury to herself and economic loss as a result of the DePuy ASR hip replacement device.
In December of 2015, Rosemary had her hip implant explanted because of the complications. According to this DePuy ASR metal hip implant lawsuit, the plaintiff claims she suffered additional injuries as a result of the explantation.
Rosemary had excessive amounts of cobalt and chromium in her blood and became aware of this only after she had her blood drawn.
She brings claims of negligence, defective design, manufacturing defect, failure to warn, breaches of express and implied warranty, fraudulent misrepresentation, fraudulent concealment, negligent misrepresentation, as well as fraud and deceit.
The plaintiff also raises claims of unfair and deceptive trade practices under state law, misrepresentation by omission, constructive fraud, negligent and intentional infliction of emotional distress, gross negligence, loss of consortium and punitive damages, among others.
In this DePuy ASR metal hip implant lawsuit, Rosemary is asking for compensatory damages, punitive and exemplary damages, statutory damages, attorneys’ fees and costs and any other costs the Court deems necessary.
Overview DePuy ASR Hip Replacement System
DePuy’s ASR Hip Replacement Systems were launched in 2005 and were designed to be more stable, making them less prone to dislocation than other hip replacement systems.
In August 2010, DePuy issued a recall of all of their ASR systems, citing a higher-than-normal failure rate of the devices.
The British Orthopaedic Association and the British Hip Society noted that the failure rate of the ASR hip systems were anywhere from 21-49% after 6 years.
There are many complications with hip revision surgery including:
- loosening of implants within the body
- bone fracture near the implant site
- dislocation of the implants
- metal poisoning (metallosis)
- unexplained pain in the hip, thigh or groin
- difficulty walking
- pain when standing from a seated position
Unique to specifically the ASR device are the following complications:
- the implanted bone doesn’t stay attached to the bone in the correct position
- the bone around the implant breaks
- dislocation of the two parts of the implant
This DePuy ASR Metal Hip Implant Lawsuit is part of the DePuy MDL In Re: DePuy Orthopaedics, MDL No 1:10-md-2197, in the U.S. District Court for the Northern District of Ohio, Western Division.
If you have been adversely affected by a DePuy ASR metal hip implant or other metal on metal hip replacement system, you may have a legal claim. You may be able to file a DePuy ASR metal hip implant lawsuit. An experienced attorney is ready to assess your claim.
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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If you or a loved one had a metal-on-metal hip implant that failed or caused serious complications, you may be entitled to compensation. Hip replacement lawsuits are being filed now against multiple companies, including Stryker, Biomet, DePuy, Zimmer, and Wright. See if you qualify to take legal action by filling out the form below.
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