The end of January marked the last time certain plaintiffs in DePuy metal-on-metal hip implant lawsuits could either continue their lawsuits or voluntarily dismiss them. These metal hip implant lawsuits were part of a DePuy metal-on-metal hip MDL (multidistrict litigation) against Johnson & Johnson and DePuy Orthopaedics.

Plaintiffs allegedly experienced severe DePuy ASR metal hip implant side effects. These hip replacement side effects were allegedly caused by the metal rubbing against metal and releasing small metal particles into the bloodstream, which can cause a myriad of side effects including metal poisoning, cancer, or a failure of the DePuy metal hip implant. Many plaintiffs in DePuy metal hip implant lawsuits had to undergo revision surgery in order to remove the faulty metal-on-metal hip.

DePuy Metal Hip Implant Lawsuits

The DePuy metal-on-metal hip implant MDL was consolidated in the U.S. District Court for the Northern District of Ohio in December 2010. In October 2014, Judge David Katz issued a tolling agreement which influenced the recent deadline for DePuy metal hip replacement plaintiffs to continue or drop (maybe temporarily) their claims against Johnson & Johnson and DePuy.

Originally, plaintiffs that were required to undergo revision surgery to remove the DePuy metal hip implant could participate in a settlement. This announcement was made in November 2013. Plaintiffs who did not have revision surgery could not participate in the settlement, even if they experienced other DePuy ASR metal hip implant side effects.

However, Katz’s announcement on the tolling agreement gave these plaintiffs a different option. A plaintiff could temporarily dismiss their claims about the DePuy metal hip implant and refile their DePuy hip implant lawsuit within a year of undergoing revision surgery. If they chose to refile, metal-on-metal hip victims may continue their original DePuy hip lawsuit.

The original deadline for plaintiffs to determine whether to accept the tolling agreement (or drop all together) or to continue the lawsuit was Dec. 31, 2014. However, Katz extended the deadline to Jan. 31, 2015. By now, any remaining plaintiff who did not accept a DePuy hip settlement should have decided their course of action.

DePuy Metal-on-Metal Hip Implant Complications

DePuy ASR metal hip implant side effects include early failure of the hip, dislocation, toxic and/or metallic substances leaked into the bloodstream, cancer, loss of bone strength, tissue death, and more.

DePuy had received so many reports of DePuy metal hip implant failure and side effects that they recalled the product in 2010. Many failures occurred within five years of use. DePuy hip lawsuits began to be filed shortly after that. Plaintiffs accused Johnson & Johnson and DePuy of failing to warn against potential side effects.

Most of the plaintiffs in DePuy metal hip implant lawsuits underwent revision surgery and therefore may accept the settlement agreement. Some settlements were $200,000 for each plaintiff. The remaining plaintiffs may choose to wait until having surgery to remove the DePuy metal hip implant or to voluntarily drop their metal hip implant lawsuit.