The serious complications linked to the ASR XL Acetabular Hip Replacement and ASR Hip Resurfacing System, caused, first, their recall in August 2010 and then thousands of lawsuits brought against their manufacturer, the DePuy Orthopaedics Division of Johnson & Johnson.
Lawsuits have been filed in both state and federal courts, in which plaintiffs claim the faulty devices led to extensive injury and, in some cases, required painful, complicated and expensive revision surgeries. Injured parties are seeking damages for past and future medical expenses, lost wages, and pain and suffering.
If you have been implanted with either ASR device and suffered severe injury, don’t hesitate to act. State trials are already underway and the first multidistrict litigation (MDL) cases are slated to go to trial in September of 2013. The window to file a claim is closing! Contact Ward Black Law today to get answers to your questions and to discuss your potential DePuy hip replacement recall lawsuit. You can call or text us at 1-800-531-9191 or contact us by email.
The ASR was approved by the FDA in 2005, and, via a regulatory loophole, bypassed clinical trials during pre-market testing. The all-metal prosthesis was believed to be more effective than traditional hip implants, but problems in ASR patients soon surfaced.
The metal-on-metal ball and cup components of the device slid against each other as the joint moved, eroding their surfaces and releasing metal debris into the patient’s body. The cobalt and chromium fragments often irritated the implant site, causing inflammation, infection, staining, tissue death and pseudo-tumors. Patients could also experience pain, swelling, difficulty walking and sitting, dislocation of the implant, and damage to the nerves, tissues and muscles surrounding the hip joint.
Moreover, the ASR was found to have a 40% fail rate within five years; this is a rate eight times higher than the typical hip implant, which is designed to last 15 to 20 years.
Due to escalating safety concerns and a warning from the FDA, Johnson & Johnson began phasing out its metal implants in 2010, citing flagging sales. The company also blamed any device complications on surgeon error.
It did not issue a recall until August of that year, withdrawing from the market all components for the ASR XL Acetabular System and DePuy ASR® Hip Resurfacing System on August 24, 2010. The recall applied to 93,000 implanted hips.
Since the recall, the FDA has received thousands of reports of adverse health events concerning all-metal artificial hips, and thousands of lawsuit claims have followed suit.
DePuy currently faces more than 6,000 pending lawsuits regarding its ASR models. In order to streamline and expedite the litigation process, all of the federal-level cases have been consolidated into a multidistrict litigation (MDL 2197) in the U.S. District Court for the Northern District of Ohio under the Honorable Judge David A. Katz. The first of these cases are scheduled to go to trial on May 6, 2013 and July 8, 2013.
In terms of cases filed in state court, approximately 2,000 have been centralized in California. The first DePuy hip replacement recall lawsuit case in Nevada settled out of court in August 2012.
Recently, on March 8, 2013, a Los Angeles jury awarded Loren Kransky $8.34 million dollars in the first DePuy hip implant trial to go to court. Kransky received $338,236.12 in economic and $8 million in non-economic damages, but the jurors declined to assess punitive damages against Johnson & Johnson.
The jury concluded that Kransky deserved the award because of medical costs, invisible injuries, emotional suffering and distress associated with the implant.
Mr. Kransky’s case was expedited under a California law that gives preferential status to plaintiffs who are terminally ill.
DePuy plans on appealing the verdict, DePuy spokeswoman Lorie Gawreluk saying in a statement, “We believe ASR XL was properly designed, and that DePuy’s actions concerning the product were appropriate and responsible.”
Since 2010, DePuy Orthopaedics has offered compensation to patients injured by its recalled products, but funds may be limited to partial coverage of certain medical treatment, therapies and revision surgeries. The recall notice did not mention compensation for other potential damages, including lost wages, disability, pain and suffering.
This is why if you’ve been implanted with a DePuy artificial hip, you may want to file a DePuy hip replacement recall lawsuit in N.C. If you’re considering a lawsuit, consider the following important issues:
There are time limits in each state (called statutes of limitations). Time to file your claim is quickly running out. Act now and call or text us at 1-800-531-9191.