The DePuy ASR hip recall was announced in August 2010, after the metal-on-metal hip implant devices were found to be failing in 12-to-13 percent of patients within five years of implantation. The recall involved two ASR hip replacement systems, the DePuy ASR XL Acetabular Hip System and DePuy ASR Hip Resurfacing System. Prior to the DePuy ASR recall, some 93,000 devices had been sold worldwide, including 37,000 in the U.S.
Since the DePuy ASR hip implant recall was issued, more than 10,000 people in the U.S. fitted with the defective hip implants have filed lawsuits against Johnson & Johnson and its DePuy Orthopaedics unit. If you or a loved one received a DePuy ASR hip replacement device and suffered from metallosis, pain, swelling or early failure of the device, you may be entitled to compensation. The attorneys at Bernstein Liebhard LLP are actively filing DePuy ASR lawsuits. Please contact our attorneys today to learn more about the DePuy ASR recall, as well the process for filing your own claim.
DePuy ASR hip implants are metal-on-metal hip replacements in which the ball and cup are made from a chromium-cobalt alloy. Such devices have been the subject of growing safety concerns since the DePuy ASR hip recall because they may shed large amounts of metal ions through wear, resulting in an adverse local tissue reaction called metallosis that causes tissue death, bone loss and the formation of fluid-filled masses called pseudotumors. The ASR, in particular, suffers from a design flaw, an inside groove against which a surgeon pressed a tool to implant the component, which makes the ball more likely to strike the cup’s edge. As a result, the DePuy ASR may wear at a higher rate than other metal-on-metal hips.
The DePuy ASR and other all-metal hip implants were approved via the U.S. Food & Drug Administration’s (FDA) 510(k) approval process, which doesn’t require human clinical testing. The DePuy ASR recall prompted the FDA to launch a safety review of all-metal hips in February 2011, and the agency has since proposed a new rule that would reclassify such devices as “high risk,” making them ineligible for 510(k) approvals. In addition, the FDA has also advised that doctors consider blood and imaging tests for metal-on-metal hip implant recipients who have symptoms of a failing hip implant, including:
If you received one of the devices included in the DePuy ASR hip implant recall, and experience any of these symptoms more than three months after your surgery, you should consult your doctor to ensure your hip implant is function properly.
Since the DePuy ASR recall, thousands of people have filed lawsuits alleging DePuy and Johnson & Johnson failed to properly test the hip implants or adequately warn patients and doctors about their risks. Most DePuy ASR recall lawsuits are pending in a multidistrict litigation underway in U.S. District Court, Northern District of Ohio. However, thousands of others have been filed in state courts around the U.S.
In January 2013, the first ever DePuy ASR hip recall trial began in Los Angeles Superior Court. In the course of that litigation, a number of documents were unsealed that raise serious questions about the Defendants’ assertions that they acted appropriately upon learning of the risks associated with the ASR hip, particularly:
If you or someone you care about were affected by the DePuy ASR hip recall, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages. The DePuy ASR lawyers at Bernstein Liebhard LLP are offering free, no obligation lawsuit evaluations to DePuy ASR recall victims. Simply call today to learn if filing a DePuy ASR lawsuit might be right for you.
