According to a new DePuy ASR hip lawsuit, the hip replacement implant is defective and prone to premature failure.

Plaintiff Eric H. says he was implanted with the DePuy ASR hip implant in his right hip in September 2008. Due to alleged defects associated with the hip implant, Eric reportedly began to experience side effects. This allegedly led to him having the implant removed in December 2018 near the filing of his DePuy ASR hip lawsuit. 

“[Eric] is not, at this time, aware of the precise timing of his injury, given the latent nature of the defect present in the hip implant manufactured by DePuy, but states that said injuries are ongoing and continuing in nature,” the DePuy ASR hip lawsuit states.

The ASR hip is a metal-on-metal hip replacement implant which was released by DePuy, a Johnson & Johnson subsidiary. Metal-on-metal hips have allegedly been linked with a variety of complications due to microwear that releases metal debris into the body. This can reportedly cause numerous issues including an increased risk of cancer, degenerative heart disease cardiomyopathy, non-cancerous tumors, swelling, inflammation, discomfort, and premature implant failure.

In August 2010, the U.S. Food and Drug Administration (FDA) announced the recall of 93,000 DePuy ASR hip implants worldwide. This included 37,000 implants in the United States. The recall was initiated after data from a United Kingdom joint registry reportedly showed that 13 percent of DePuy ASR hip implants required hip revision surgery due to complications.

Revision surgery can be complicated because implant failure may cause damage to bone and tissue. This means that, while removing and replacing the failed implant, surgeons need to work carefully and may need to graft new bone for a replacement implant. Additionally, recovery can be difficult on the patient because of the trauma caused to the joint.

To make matters worse, there is no guarantee that revision surgery will be the end of joint problems for patients. Further surgeries may be required if replacement implants fail in the future or if other problems arise which require treatment.

Johnson & Johnson and DePuy have already faced significant legal repercussions from the defects allegedly associated with the DePuy ASR hip implant. In 2012, Johnson & Johnson announced that it would pay $600,000 to settle three separate DePuy ASR hip lawsuit complaints, with each plaintiff receiving around $200,000.

The company still faces thousands of DePuy ASR hip lawsuit complaints from consumers who allegedly experienced pain, bone damage, and other injuries due to premature implant failure.

Eric accuses DePuy of negligence, defective design, manufacturing defect, failure to warn, breach of warranties, fraudulent misrepresentation, fraudulent concealment, negligent misrepresentation, fraud & deceit, violation of consumer protection laws, misrepresentation by omission, constructive fraud, and gross negligence/malice.

The DePuy ASR hip lawsuit seeks compensatory damages, punitive damages, exemplary damages, statutory damages, court costs, and attorneys’ fees.

The DePuy ASR Hip Lawsuit is Case No. 1:18-dp-20095-JJH and is part of the DePuy ASR MDL, In re: DePuy Orthopaedics Inc. ASR Hip Implant Products Liability Litigation, Case No. 1:10-md-2197, in the U.S. District Court for the Northern District of Ohio.