Yet another ASR hip implant lawsuit filed against Johnson & Johnson is nearing a settlement agreement. A panel has yet to determine the exact compensation that will be provided, taking into account the cost of the device and medical expenses, as well as lost wages. The settlement is expected to provide tens of thousands of dollars in compensation for each plaintiff involved.
The lawsuit was filed by certain plaintiffs who have had a hip replacement involving a DePuy ASR hip implant. Those included in this lawsuit are patients that received an ASR hip implant seven years ago, which were found to be faulty and had to be replaced in a revision surgery. Of course, revision surgery will bring with it further risks, as well as additional medical expenses.
The DePuy ASR hip implant was recalled in 2010 after reports surfaced across the globe of a number of side effects, including metallosis (a sort of metal poisoning) and a high rate of failure.
“The committee recommends that the firm be made liable to pay adequate compensation commensurate with the loss of wages, severity of the pain, the resultant disability and sufferings (both mental and physical) of each of the patients who received the implant,” read the committee’s report.
DePuy should also be held liable for failing to recall the device as soon as they should have, the report noted. “In 2012, the firm had clearly admitted that a 5% revision rate is expected. However, they had recalled the product when the revision rate was 12–13% which is almost two and a half times the normal rate,” said the report.
The DePuy ASR Hip Implant Device
So far, more than half a million patients have received hip implants in the United States alone. Unfortunately, metal-on-metal implants like the DePuy ASR device have been connected with certain serious complications. A growing number of patients with the DePuy ASR implant have begun coming forward with allegations of serious side effects.
In response to experiencing some of these side effects, thousands of patients have filed lawsuits against DePuy and Johnson & Johnson. Patients have claimed that their implants led to metallosis (a kind of metal poisoning), dislocation, and device dissociation. Patients have also reported a high rate of device failure, and claim that this is caused by a defectively manufactured device that places users at significant risk.
DePuy ASR Hip Implant Recall
DePuy is a subsidiary of pharmaceutical giant Johnson & Johnson, and its ASR hip implant was approved by the U.S. Food and Drug Administration (FDA) in 2005. However, after receiving a slew of adverse event reports, the FDA issued a DePuy ASR hip recall of the device in August 2010. The DePuy ASR hip implant recall affected around 93,000 total patients.
Filing a DePuy ASR Hip Implant Lawsuit
Patients who have undergone hip revision surgery due to a defective DePuy ASR hip implant may have a legal claim. Side effects linked with the ASR hip implant include:
- Device failure
- Dislocated hip
- Metallosis (toxic substance leaking into blood)
- Cancer
- Degenerative heart disease
- Bone fractures
- Death of surrounding tissue
- Others
After being hit with thousands of lawsuits over ASR hip implant side effects and failure, Johnson & Johnson has agreed to pay around $2.5 billion so far to plaintiffs.
If you have suffered from side effects after receiving an ASR hip implant from DePuy, you may be able to file an ASR hip implant lawsuit. Of course, filing a lawsuit cannot take away the pain and suffering caused by ASR hip implant complications, but it can help to alleviate the financial burden from medical expenses and lost wages.
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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