Thousands of DePuy ASR hip recall lawsuits have been filed since the metal-on-metal hip implants were pulled from the market in 2010 due to their unacceptable rate of premature failure. In November 2013, a proposed DePuy ASR lawsuit settlement was announced, which would provide compensation to thousands of ASR recipients who had to undergo revision surgery due to the early failure of their ASR hip. However, the DePuy ASR settlement, if enacted, would only apply to a portion of the claims filed since the DePuy ASR recall, and exclude thousands of other hip recipients who could still face failure of their implant in the future. Fortunately, even if the settlement is adopted, those excluded from the agreement will still maintain their right to file a DePuy ASR hip replacement lawsuit to obtain compensation for future injuries.
Gilman Law LLP, a leading consumer protection law firm with over 30 years of experience safeguarding the rights of victims, continues to investigate personal injury claims on behalf individuals who suffered injuries related to the DePuy ASR recall, including:
- Fractures of the hip
- Formation of pseudotumors
- Chromium and cobalt metal poisoning
- Tissue damage
- Bone loss and deterioration
- Loss of mobility
- Early failure of the device.
The firm is also offering legal assistance to any ASR recipient who may be eligible for compensation under the DePuy ASR lawsuit settlement program. If you would like to explore your legal options in either case, we urge you to contact Gilman Law LLP today for a free, no-obligation legal review.
DePuy ASR Hip Recall
The DePuy ASR hip recall was announced in August 2010, after the metal-on-metal hip implants were found to be failing in 12-to-13% of recipients within just 5 years of implantation. The worldwide recall involved the DePuy ASR XL Acetabular Hip System and DePuy ASR Hip Resurfacing System, though only the ASR XL Acetabular Hip System was sold in the U.S. In 2013, Bloomberg News reported that the actual early failure rate of the ASR hip could be closer to 50%.
By 2013, some 12,000 people throughout the U.S. had filed a DePuy ASR hip lawsuit related to the recall. Among other things, plaintiffs in these lawsuits claim the ASR was defectively designed and manufactured. They are also alleged to have suffered a number of serious injuries, including metallosis, dislocations, pseudotumor formation, and early failure of the device, due to toxic chromium and cobalt particles shed from its metal components.
Court documents unsealed since the DePuy ASR recall indicate that Johnson & Johnson and its DePuy Orthopaedics unit may have been aware of the issues associated with the implants long before they were recalled. For example, in one company email from 2009, a DePuy vice president wrote of “a significant number of revisions in the ASR group” and “very few in the control group.” The author of the email also expressed concern that “given the revision rate in the ASR group that we will not be able to demonstrate non-inferiority.”
DePuy ASR Hip Replacement Settlement
The DePuy ASR hip replacement settlement was announced in November 2013 in the U.S. District Court, Northern District of Indiana, where thousands of DePuy ASR lawsuits were consolidated in a federal multidistrict litigation. If the settlement is approved by 94% percent of eligible plaintiffs, those ASR recipients who underwent revision surgery prior to August 31, 2012 would receive an average award of $250,000. However, this amount could be reduced or increased based on a number of different factors, including their prior medical history. Eligible plaintiffs who wish to participate in the DePuy ASR settlement must register by January 6, 2014.
The proposed DePuy ASR lawsuit settlement would only resolve around 8,000 of the more than 12,000 claims currently pending against DePuy and Johnson & Johnson. However, those left out of the agreement would remain eligible to pursue legal claims against the companies.
Legal Help for Victims of the DePuy ASR Recall
If you were harmed by a DePuy ASR hip implant it is vital that you seek legal assistance immediately if you have not already done so. Gilman Law LLP is offering free, no-obligation legal evaluations to anyone who wishes to pursue compensation under the DePuy ASR hip settlement program, as well as those who are ineligible for the program, but who would like more information on filing an individual DePuy ASR hip replacement lawsuit. To arrange for your consultation, please fill out our online form, or call 1-888-252-0048 today