DePuy ASR Class Action Lawsuit | Get the Right Lawyer

DePuy ASR Class Action Lawsuit Overview

The DePuy ASR hip replacement lawsuit centers on allegations that Johnson & Johnson and its subsidiary DePuy Orthopaedics manufactured and sold defective metal-on-metal hip implants.

Over 93,000 of these devices were implanted worldwide before being recalled in 2010 [1].

The FDA has issued multiple safety communications regarding metal-on-metal hip implants due to their high failure rates and potential to cause metallosis and other serious complications.

Latest DePuy ASR Lawsuit Updates

• March 2024 – Court documents have revealed that the much-troubled DePuy ASR hip implant settlement negotiations continue, with Johnson & Johnson setting aside an additional $420 million to resolve remaining cases. The company has already paid out over $4 billion in settlements.
• November 2023 – The Products Liability Litigation Group announced that new cases are still being accepted despite previous settlements, as patients continue to develop complications years after implantation.
• August 2022 – Johnson & Johnson reported in their financial filings that approximately 93% of the eligible ASR claims have been resolved, with ongoing litigation for the remaining cases.
• May 2021 – A study published in the Journal of Bone and Joint Surgery confirmed long-term elevated failure rates of the DePuy ASR hip system compared to other hip replacement devices, supporting ongoing litigation efforts.

FDA Reports and Statistics

According to the FDA’s MAUDE (Manufacturer and User Facility Device Experience) database:

• More than 10,000 adverse event reports have been filed related to DePuy ASR hip implants
• Approximately 39% of patients with the ASR XL Acetabular System required revision surgery within 5 years
• The FDA issued a safety communication in January 2013 specifically addressing concerns with metal-on-metal hip implants like the DePuy ASR
• The device failure rate has been reported to be as high as 40% within 5 years, far exceeding the 5% failure rate at which recall is typically considered

DePuy ASR Injuries & Side Effects

Patients implanted with DePuy ASR hip systems have reported numerous severe complications requiring medical intervention and often revision surgery.

• Metallosis: Metal debris from implant components causing toxic levels of chromium and cobalt in the bloodstream
• Osteolysis: Bone deterioration around the implant leading to loosening and failure
• Pseudotumors: Soft tissue masses forming in response to metal particles
• Chronic Pain: Persistent hip, groin, and leg pain limiting mobility and quality of life
• Implant Loosening: Device separation from bone requiring revision surgery
• Implant Dislocation: Hip joint becoming unstable and dislocating
• Revision Surgery: Additional surgical procedures to remove and replace the defective implant

Do You Qualify for a DePuy ASR Lawsuit?

You may qualify for a DePuy ASR lawsuit if:

• You received a DePuy ASR XL Acetabular System or ASR Hip Resurfacing System between 2005 and 2010
• You experienced serious complications such as metallosis, osteolysis, pseudotumors, chronic pain, or device failure
• You required revision surgery to remove and replace the defective implant
• Your complications required ongoing medical treatment
• You can provide medical documentation linking your injuries to the DePuy ASR hip implant

Evidence Required for a DePuy ASR Lawsuit

To successfully pursue a DePuy ASR lawsuit, you will need to provide:

• Medical records confirming DePuy ASR implantation
• Documentation of hip implant complications and related treatments
• Revision surgery records (if applicable)
• Proof of continued medical care related to hip implant complications
• Medical bills and related expenses

Damages You Can Recover

Compensation in DePuy ASR lawsuits may include:

• Past and future medical expenses related to complications and revision surgeries
• Lost wages and diminished earning capacity
• Pain and suffering, including physical pain and emotional distress
• Loss of quality of life and enjoyment
• Punitive damages against the manufacturer in some cases

DePuy ASR Recall Information

Johnson & Johnson recalled the much-troubled DePuy ASR hip implant systems in August 2010 after data revealed unacceptably high failure rates. The recall affected approximately 93,000 devices worldwide, including 37,000 in the United States. The recall included:

• DePuy ASR XL Acetabular System (total hip replacement)
• DePuy ASR Hip Resurfacing System (partial hip replacement – not approved in the US)

The manufacturer acknowledged that approximately 1 in 8 patients (12.5%) required revision surgery within five years, though independent studies later showed failure rates as high as 40%.

Statute of Limitations for DePuy ASR Lawsuits

The statute of limitations for filing a DePuy ASR lawsuit varies by state but typically ranges from 1-6 years from when you knew or should have known about your injury. Some states apply:

• Discovery Rule: The statute begins when you discover (or reasonably should have discovered) that your injuries were caused by the defective implant
• Special provisions: Some states have extended deadlines specifically for victims of the DePuy ASR recall

It’s critical to consult with an attorney promptly, as waiting too long may permanently bar your right to compensation.

Related Articles:

• Hip Implant Failure Attorneys
• DePuy ASR Hip Replacement Soft Tissue Injury
• DePuy Pinnacle Hip Replacement Lawsuit

FAQs

1. Who is Eligible to Join the DePuy ASR Lawsuit?

Individuals who received a DePuy ASR Hip Replacement and subsequently experienced complications such as metallosis, implant failure, or needed revision surgery may be eligible to join the lawsuit regardless of when the device was implanted.

2. What Compensation Can Participants in the DePuy ASR Lawsuit Expect?

Participants may receive compensation for medical expenses, pain and suffering, lost wages, and punitive damages, depending on the case specifics and the extent of injuries sustained. Previous settlements have averaged between $170,000 and $250,000 per claim.

3. How Do I Join the DePuy ASR Lawsuit?

To join, contact with a specialized attorney, provide medical records, document complications, and follow legal procedures to become part of ongoing litigation. Our firm handles the entire process from initial consultation through settlement.

4. Is There a Cost to File a DePuy ASR Lawsuit?

Our firm works on a contingency fee basis, meaning there are no upfront costs to file your lawsuit. Legal fees are only collected if we successfully recover compensation for your injuries.

5. How Long Does a DePuy ASR Lawsuit Take to Resolve?

While every case is unique, most DePuy ASR lawsuits resolve within 1-3 years from filing. Factors affecting timeline include case complexity, evidence strength, and whether the case settles or goes to trial.

6. Can I Still File a Claim if My Surgery Was Years Ago?

Yes, many patients experience complications years after implantation. The statute of limitations typically begins when you discover your injury was related to the defective implant, not necessarily when you received it.

7. What Makes the DePuy ASR Hip Implant Defective?

The much-troubled DePuy ASR hip implant features a metal-on-metal design that causes excessive metal debris when components rub together. This leads to metallosis, tissue damage, implant loosening, and ultimately failure requiring revision surgery.

8. Are Individual Lawsuits Better Than Joining the Class Action?

Individual lawsuits often result in higher compensation amounts tailored to your specific injuries and circumstances. Our firm recommends filing individual claims rather than class action participation for most DePuy ASR cases.

Get A Free DePuy ASR Class Action Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action for DePuy ASR hip implant injuries. Most states only allow 2-3 years from the date you discovered your injury was related to the defective device to file a claim.

Schmidt & Clark, LLP offers:

• Free, confidential case evaluations
• No upfront costs or legal fees
• Payment only if we win your case
• Direct access to experienced product liability attorneys

Don’t delay seeking the compensation you deserve for your DePuy ASR hip implant injuries. Contact our team today to learn about your legal options.

Reference:

1. https://www.drugwatch.com/hip-replacement/depuy/recall/