Consumers affected by the 2010 DePuy ASR hip recall may be eligible to participate in an ASR hip settlement and recover compensation for medical expenses, revision surgery, and more.

In 2010, DePuy Orthopaedics initiated a voluntary recall of its Articular Surface Replacement (ASR) systems used in hip replacement devices. The recall affected 93,000 individual implants worldwide, 30,000 of which were in the United States.

When announcing the DePuy ASR hip recall, the company referenced information from the National Joint Registry of England and Wales which showed that the hip replacement system was associated with a high rate of premature failure or injury. The Registry reportedly revealed that 13 percent of DePuy ASR hip replacements required revision surgery within the first five years. This statistic is shocking considering that the lifespan of most hip replacement systems is 15 years.

Critics of DePuy have claimed that the company knew or should have known about the problems associated with their hip replacement systems before 2010. In DePuy’s studies before the recall, device failure rates were sometimes as high as around 40 percent.

Although the company cited the National Joint Registry of England and Wales as the primary reason for initiating the DePuy ASR recall, some individuals argue that the shocking results of their own studies should have prompted a recall.

Costs of ASR Hip Recall

In their announcement of the DePuy ASR hip recall, the implant manufacturer said that it would “cover reasonable and customary costs of monitoring and treatment for services, including revision surgeries, associated with the recall of ASR.” However, media reports claim that DePuy has denied some consumer claims for medical costs associated with implant failure.

Following the recall, DePuy reportedly hired Broadspire Services to handle patient claims for medical expenses. Broadspire reportedly employs experts who can deny claims if they deem that a revision surgery wasn’t completely necessary. The company allegedly makes claims decisions based on these experts’ opinions instead of the recommendation of a patient’s doctor, leading some individuals to question the potentially unethical nature of the process.

“Doctors who are evaluating these cases are being paid indirectly by DePuy, and research suggests that even when we are very well-intentioned we can be influenced by conflicts of interest,” said Kristin Smith-Crowe in a statement to Reuters. Smith-Crowe is a business ethics specialist at the University of Utah.

DePuy attracted additional criticism when allegations surfaced that the company attempted to collect patient data. After the DePuy ASR hip recall, the company sent doctors information packages and asked them to assist in identifying at-risk patients. DePuy also allegedly encouraged patients to contact DePuy to streamline the claims process, but some believe that this was a ploy to gather patient information that could be used to fight lawsuits.

DePuy Hip Replacement Lawsuits and Settlements

In addition to filing claims with DePuy under the recall, patients who have been harmed by DePuy hip implants may also be able to file a class action lawsuit to pursue compensation. In a lawsuit resolved in early 2019, Johnson & Johnson agreed to pay out around $120 million to victims in 46 states who claimed they had been harmed by DePuy hip implants. The settlement resolved claims that the company misrepresented the longevity, safety, and effectiveness of these hip replacement products, and mislead patients who chose the device based on these advertised claims.

According to the investigation into these devices, the DePuy hip implants were subject to faster deterioration rates than advertised, as well as adverse health side effects including metal poisoning, tissue necrosis, allergic reactions, and groin pain. In addition to paying out compensation to victims, the 2019 DePuy settlement also included a commitment from the company to revise the way these products are promoted, base future marketing claims on recent scientific information, and conduct quarterly reviews of customer complaints.

Other settlements have been reached with DePuy regarding these devices in 2013, 2015, and 2017 to resolve more than 10,000 claims from U.S. plaintiffs regarding adverse reactions to DePuy hip implants. Class action lawsuits have already been filed against the company by plaintiffs in multiple countries, and more cases are currently pending.

If you were affected by the DePuy ASR hip recall and needed revision surgery due to implant failure, you may qualify to participate in a DePuy ASR hip settlement. Litigation or participation in a settlement could help recover compensation for medical expenses, pain and suffering, disability, and more.