DePuy ASR Class Action Lawsuit Filed Over Hip Recall
Exactly one month after DePuy Orthopedics announced that they were recalling about 93,000 ASR metal-on-metal hip implants due to the high risk that they may fail, a DePuy ASR hip recall class action lawsuit has been filed on behalf of all individuals who received the defective device.
The complaint was filed on September 24 in the U.S. District Court for the Southern District of Ohio, by plaintiffs Katheryn and Jonathan Bendel. The lawsuit seeks class action status to represent any individuals in the United States who received a DePuy ASR hip replacement, as well as their spouse.
The DePuy ASR class action suit is not specifically aimed at those who have experienced problems, but instead seeks to force DePuy to pay for necessary tests and medical monitoring that will be required for anyone who has one of the defective hip implants for the rest of their lives to check whether the hip replacement has failed.
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Learn MoreProduct liability lawyers investigating DePuy ASR lawsuits are providing free consultations and claim evaluations to help individuals who may be impacted by the recall understand their legal rights and determine whether their interests will be better served by pursuing an individual product liability lawsuits as opposed to only participating in a class action.
A DePuy ASR hip recall was issued on August 24, after DePuy Orthopaedics, a subsidiary of Johnson & Johnson, acknowledged that their metal-on-metal artificial hip system may be prone to fail within a few years after it is implanted. Data suggests that the DePuy ASR hip replacement failure rate is about 12% to 13% within five years, potentially resulting in pain and the need for additional hip surgery to replace the artificial hip. However, it is expected that the rate of problems may increase the longer the devices remain in place.
According to the class action suit, Katheryn Bendel received an ASR XL Acetabular System hip implant in August 2009. By March 2010, she indicates that she began to experience hip pain and stiffness. The pain developed into popping and grinding sensations, made her incapable of walking, standing or sitting for long periods of time and eventually caused her to take a medical leave of absence in July and to apply for disability. Bendel learned earlier this month that the hip implant she had received was recalled by DePuy, and that the risk of problems is particularly high for smaller implants, such as those installed in women.
As a result of potential complications from the DePuy ASR metal hip replacement, Bendel will now have to go through radiographic evaluation, blood testing, an MRI and will probably need another hip surgery to remove and replace the ASR implant, followed by physical therapy. The battery of tests before the surgery are suggested for anyone who has been implanted with a recalled ASR metal hip.
The lawsuit argues that class action status is necessary to ensure a uniform program remedy for everyone who has one of the ASR hip implants affected by the recall, regardless of their financial or health care situations.
The DePuy class action suit also warns that device manufacturer may be trying to “deceive” hip implant recipients, leading them to believe that the company has agreed to reimburse them for medical monitoring and revision surgery to replace defective implants if they will provide the company access to their medical records. “[I]n fact DePuy has only stated that it will use the information obtained through the authorizations to decide whether to pay the ‘reasonable’ medical expenses,” the lawsuit notes.
While a handful of individual product liability lawsuits over the DePuy hip implant were filed prior to the recall, the number of claims has been increasing dramatically as individuals learn about the problems with DePuy ASR hip implants.
All of the lawsuits over DePuy ASR hip implants involve similar allegations of design defect, which caused the plaintiffs to incur additional medical expenses, suffer pain and, in some cases, require additional surgery to revise or replace the hip implant. The complaints allege that DePuy failed to adequately test the metal-on-metal hip system and failed to immediately issue a recall when it became apparent that that the DePuy ASR was linked to a high failure rate.
Earlier this month, a motion was filed with the U.S. Judicial Panel on Multidistrict Litigation to consolidate and centralize the DePuy ASR recall litigation. It is expected that the panel will hear arguments on the motion later this year. If an MDL is formed, all federal cases filed in different districts throughout the United States will be transferred to one judge for coordinated handling during pretrial litigation, in a manner similar to how a DePuy ASR class action suit would be managed. However, unlike a class action, if a DePuy ASR settlement agreement is not reached during pretrial proceedings, each of the individual lawsuits would be returned back to the district where they were originally filed for trial.
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13 Comments
mariusFebruary 4, 2012 at 10:16 pm
I had a hip replacement and my Dr failed to recognize an infection for 6 months after my operation. He made a wrong diagnoses of bursitis. Even after i ended up with osteomyelytis he still diagnosed bursitis. After total hell for 3 years and 3 more operations I have now been left with no hip and i am severely disabled. I have to walk permanently with 2 crutches, and my leg has shortened with 10 cm[Show More]I had a hip replacement and my Dr failed to recognize an infection for 6 months after my operation. He made a wrong diagnoses of bursitis. Even after i ended up with osteomyelytis he still diagnosed bursitis. After total hell for 3 years and 3 more operations I have now been left with no hip and i am severely disabled. I have to walk permanently with 2 crutches, and my leg has shortened with 10 cm (due to the fact that i do not have hip). I can not have another operation as the infection is just dormant and could start up at any stage. Go to my website www.it-could-happen-to-you.com Before i had my hip replacement i was told that it would change my life. All i can say is that it has changed my life and how, My Dr's name is Dr Ian Dymond. Beware!!!!!!!!!!!!!!
AimeeFebruary 3, 2012 at 6:47 pm
I have 3 DuPuy devices in my body, ankle, knee, and hip. The blood clots are deadly and replacement surgery is life threatening.
DebraApril 25, 2011 at 5:02 am
What about pain and suffering going through another hip surgery!!!! I have three other joint replacements, (Not Depuy), but have gone through hell with recovery and rehabilitation! Where is the compensation in that?? They better pay for everything I need to the surgery on down to the rehab, and anything else associated with this recall! I have the Depuy Hip Replacement in the left hip. I have had [Show More]What about pain and suffering going through another hip surgery!!!! I have three other joint replacements, (Not Depuy), but have gone through hell with recovery and rehabilitation! Where is the compensation in that?? They better pay for everything I need to the surgery on down to the rehab, and anything else associated with this recall! I have the Depuy Hip Replacement in the left hip. I have had blood tests, and MRI and X-ray, and yes there is evidence of tissue damage, and metals in my blood.
ReginaldFebruary 25, 2011 at 2:17 am
I had a DeOuy total hip replacement on 7-7-2008. I don't know if it was an ASR, how do I tell? What is an ASR? I have multible problems after thet told me I would be 100% in six weeks.
JamesNovember 29, 2010 at 8:54 pm
I had avascular necrosis due to heavy doses of prednisone used to treat my sarcoidosis. I had my left hip replaced in Oct 2002 with no problems since. but my right was done in Oct 2008 and I've been suffering ever since. I was told repeatly that it was either nerve damage or my muscles taking time to adjust. I had numerous tests (xrays, emts and cat scans) but was told my metal on metal replacemen[Show More]I had avascular necrosis due to heavy doses of prednisone used to treat my sarcoidosis. I had my left hip replaced in Oct 2002 with no problems since. but my right was done in Oct 2008 and I've been suffering ever since. I was told repeatly that it was either nerve damage or my muscles taking time to adjust. I had numerous tests (xrays, emts and cat scans) but was told my metal on metal replacement was ok. Well I just found that I have DePuy ASR. I guess it isn't my imagination after all.
HermannNovember 21, 2010 at 8:39 pm
I live in South Africa, am 42 now and had a replacement in 2009. Did DePuy have any idea then that there was a problem and any warnings on the matter. I have more pain now than during 2009 post operatively! We are still awaiting our blood results! Can South Africans join the potential class action as this is traumatic and has major work implications!
JillNovember 14, 2010 at 3:02 pm
I'm 44 yrs old and have both of my hips done with this faulty metal on metal DePuy system. One was done in 2006 and the other in 2008. I've experienced grinding, popping and severe pain. All of which I've told my Dr with no mention from him that there could be a problem. Just the other day I received certified mail from my Dr informing me that I fall into the unfortunate catagory as a petite small[Show More]I'm 44 yrs old and have both of my hips done with this faulty metal on metal DePuy system. One was done in 2006 and the other in 2008. I've experienced grinding, popping and severe pain. All of which I've told my Dr with no mention from him that there could be a problem. Just the other day I received certified mail from my Dr informing me that I fall into the unfortunate catagory as a petite smaller women that does in fact have both hips from DePuy. Just the thought of having to go through all of this again has brought me to my boiling point. Looking down thr road I have to worry about my family, my job and my health. What I'm goint to lose and suffer from this is has sent me into panic and anxioty.
EileenOctober 26, 2010 at 9:38 pm
I had my hip replaced in 2007 nothing but trouble gave up work limited mobility and constant pain after many months of tests Diagnosed hip rejection caused major damage to bones and muscles October 2009 hip taken out and replaced this time not metal on metal even less mobility andmore pain with nerve damage.
tony iOctober 21, 2010 at 4:39 pm
Ihad total left hipreplacme nt in jun 2006 I all so need my rigth hip done it was vert bad I had only one done at that time thank god I would never none if I didn't go to have my rigth hip done till. Aug 18th 2010 my surgon said I had a recall on left I felt pain but my rigth hip was so bad dint pay it any mind now that rigth hip is done differnt parts my left hip is getting more pain I'm only 51 [Show More]Ihad total left hipreplacme nt in jun 2006 I all so need my rigth hip done it was vert bad I had only one done at that time thank god I would never none if I didn't go to have my rigth hip done till. Aug 18th 2010 my surgon said I had a recall on left I felt pain but my rigth hip was so bad dint pay it any mind now that rigth hip is done differnt parts my left hip is getting more pain I'm only 51 been in hip pain since 2002 but now I can't belive what's in my left hip I'm going to have to do this again I can't take this its driving me crazzy why did depuy do thid to us
dudeOctober 18, 2010 at 8:35 pm
i had my left hip totally replaced in december 2005, and my right hip replaced in feb.2006 and i aint had nothing but trouble with them ever . three months after that my doc said i was fine and i didnt need to see him no more, i just wanna smack that dude
CamilleOctober 8, 2010 at 12:22 pm
I feel for you Sarah. I had my hip replaced with this model in March 2007 and was told it might last up to 30 years and was cutting edge technology. I'm devastated because I'm only 46 and have a very active life. I'm currently waiting for the results of my cobalt and chromium levels to see if I need additional testing.
SarahOctober 7, 2010 at 11:26 pm
I had my hip replaced with this one year ago Oct 8 2009. I have read they knew there were problems last year. I am upset that they didn't say something then. I had Polio as a child and it was my "good" hip that was replaced. This has placed a double burden on me. I feel as if I am sitting on a tome bomb. I waited many years and endured lots of pain waiting until technology was at its finest and th[Show More]I had my hip replaced with this one year ago Oct 8 2009. I have read they knew there were problems last year. I am upset that they didn't say something then. I had Polio as a child and it was my "good" hip that was replaced. This has placed a double burden on me. I feel as if I am sitting on a tome bomb. I waited many years and endured lots of pain waiting until technology was at its finest and then this happens. To top it off I was dropped in the hospital by and developed a bloodclot and had to be reoperated on ....this is my worst nightmare!
BarbaraOctober 6, 2010 at 7:57 pm
I had a hip replacement at the age of 49 June 4 2003 . It was a DePuy hip. I have had nothing but pain since the surgery. I was recently told I needed to have it replaced. I do not see 2003 in your list. Has anyone complained or is this in the class action suit?