DePuy ASR Hip Implant Lawsuit Filed By Ohio Woman

By Sarah Mirando | August 21, 2012

Category: Pharmaceuticals

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DePuy ASR Hip Implant Lawsuit Filed By Ohio Woman

By Mike Holter

metal on metal hip implant class action lawsuit settlement

An Ohio woman who needed revision surgery only two years after being implanted with a DePuy ASR hip implant has decided to sue DePuy Orthopaedics, a division of Johnson & Johnson, for selling a defective device and for failing to warn the public about its side effects. The DePuy ASR has come under fire recently following a massive August 2010 recall that first alerted the public that these all-metal hip replacement systems are linked to a host of serious complications, including the necessity to undergo risky revision surgery.

The unnamed Ohio Plaintiff alleges in the DePuy ASR lawsuit, filed August 8, 2012 in the DePuy ASR MDL, that she suffered serious side effects from the metal-on-metal hip implant, including elevated levels of cobalt and chromium in her blood. This caused her to suffer kidney failure, chronic pain and suffering, infection, painful rehabilitation, hip aspiration, extended hospitalization, and overall loss of quality of life, her DePuy ASR lawyer says. The Plaintiff was implanted with the DePuy ASR hip replacement system in her right hip in January 2007, and had to remove the implant on November 18, 2008. Her lawsuit alleges she was not aware that her injuries were caused by the DePuy ASR until she became aware of the recall. She is suing DePuy for failure to warn her and the public of the risk of metal-on-metal hip implant side effects as soon as the company became aware of them.

Metal-on-Metal Hip Implant Lawsuits Grow

The August 2010 DePuy ASR recall was initiated after data indicated that more than 12 percent of the devices failed within five years. The recall shed light on the high failure rate of metal-on-metal hip implants, which have been associated with an increased risk of complications, including metal poisoning, pain and swelling, implant loosening, impaired mobility, bone and tissue damage, and the development of pseudotumors.

According to a report from The New York Times, the FDA allowed metal-on-metal hip implants, including the DePuy ASR, to enter the market without human testing. Data now indicates that these devices fail much more frequently, and sooner, than devices made from other materials. In July 2012, the FDA convened an advisory panel to review the safety of metal-on-metal hip implants, and advised patients implanted with these devices to get regular monitoring of their blood levels to ensure the devices are not failing or shedding dangerous metal particles into the body. The panel also said it saw no reason to recommend all-metal hip implant systems to patients, falling just short of removing them from the market.

DePuy ASR Lawsuit MDL

Nearly 4,200 DePuy ASR lawsuits have been filed and consolidated into multidistrict litigation known as the DePuy Orthopaedics ASR Hip Replacement Products Liability Litigation (MDL No. 2197), in the U.S. District Court, Northern District of Ohio before Judge David A. Katz. Last month, Judge Katz announced that the first bellwether trials in the DePuy ASR MDL will begin in May 2013 and July 2013. These will set the benchmark for how lawsuits in the MDL will proceed, and what kind of settlement — if any — will be awarded.

DePuy ASR victims are urged to seek legal counsel right away to see if they can join the DePuy ASR MDL. The MDL is different from a DePuy ASR class action lawsuit because it allows each Plaintiff to retain his or her attorney and to receive an individual award, unlike a class action lawsuit settlement that is shared equally among Class Members. An award in the MDL could be more than one granted in a class action settlement.

If you would like more information about filing a DePuy ASR lawsuit or metal-on-metal hip implant class action lawsuit, visit the DePuy, Biomet, Wright Medical & Others Metal-on-Metal Hip Implant Class Action Lawsuit Investigation. Submit your information to hip implant attorneys who will provide a free consultation about your case. You will never be charged for this consultation, and it could be the first step toward getting the compensation you deserve.

Updated August 21st, 2012

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