An ASR total hip revision prompted one patient to file a lawsuit against DePuy and Johnson & Johnson seeking compensation for his injuries.

Plaintiff Charles C. and his wife Valarie C. recently filed a complaint as part of multidistrict litigation against DePuy and Johnson & Johnson. Charles says he had the DePuy ASR hip implanted in his left hip in December 2007. In January 2018, the defective nature of the implant allegedly forced him to undergo ASR total hip revision.

“Plaintiff has suffered injuries as a result of implantation and explanation of the DePuy ASR hip implants manufactured by defendants,” the ASR total hip revision lawsuit claims. “The defendants by their actions or inactions proximately caused Plaintiff’s injuries.”

The DePuy ASR implant is a metal on metal hip replacement system, meaning that the articulating surfaces of the implant are all made of metal. Metal on metal hip replacements were formerly popular, but recent research has shown that these implants may be associated with a variety of complications, including:

  • Increased risk of cancer
  • Degenerative heart disease cardiomyopathy
  • Non-cancerous tumors around the implant site
  • Subsequent pain, swelling, inflammation, and severe discomfort.

Lawsuits regarding metal on metal hip implants often allege that these complications are caused by the release of metal particles and other toxic substances from the implant site. These harmful substances are allegedly produced by wear of the implant associated with normal movement.

If complications from a DePuy ASR hip implant cause enough damage, patients may have to undergo an ASR total hip revision like Charles. Hip revision surgery can be difficult, especially while a patient is recovering. The ASR total hip revision outcome may be a surprisingly likely possibility. A UK joint registry found that 13 percent of ASR hip implants required revision surgery to correct complications. This shocking figure prompted a voluntary recall of 93,000 DePuy ASR hip implants in 2010. Implants were recalled around the world, with 37,000 of the recalled implants in the United States.

DePuy and Johnson & Johnson face thousands of lawsuits like the one filed by Charles and Valarie, alleging that the defective ASR hip replacement system led to ASR total hip revision. In 2012, Johnson & Johnson announced that it would pay $600,000 to settle three lawsuits against them, with each plaintiff receiving $200,000.

Although those ASR total hip revision lawsuits were resolved, a later DePuy ASR settlement became available for patients who underwent revision surgery after March 2015. Charles and Valarie have filed their lawsuit aiming to recover compensation for damages allegedly sustained by Charles’ ASR total hip revision surgery.

The ASR total hip revision lawsuit accuses the defendants of negligence, defective design, manufacturing defect, failure to warn, breach of warranties, fraudulent misrepresentation, fraudulent concealment, negligent misrepresentation, fraud & deceit, misrepresentation by omission, constructive fraud, loss of consortium, violation of consumer protection laws, and more.

Charles and Valarie seek compensatory damages, punitive damages, exemplary damages, statutory damages, other damages, court costs, and attorneys’ fees.

The ASR Total Hip Revision Lawsuit is Case No. 1:18-dp-20091-JJH in the U.S. District Court for the Northern District of Ohio.

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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