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Table Of Contents
- DePuy ASR Hip Replacement Lawsuit Overview
- Latest DePuy ASR Lawsuit Updates
- FDA Reports and Statistics
- DePuy ASR Hip Replacement Injuries & Side Effects
- Do You Qualify for a DePuy ASR Lawsuit?
- DePuy ASR Recall Information
- Statute of Limitations for DePuy ASR Lawsuits
- FAQs
- 1. Can soft tissue injuries from the DePuy ASR Hip Replacement lead to long-term complications?
- 2. How can I determine if my soft tissue injury is related to the DePuy ASR Hip Replacement?
- 3. What are the legal options for patients suffering from soft tissue injuries due to DePuy ASR Hip Replacement?
- 4. What makes the DePuy ASR different from other hip replacements?
- 5. Why was the DePuy ASR recalled?
- 6. How do I know if I have a defective DePuy ASR implant?
- 7. What compensation can I receive for DePuy ASR injuries?
- 8. Do I need revision surgery to file a lawsuit?
- 9. How long do DePuy ASR lawsuits typically take?
- 10. Can I still file a lawsuit if my surgery was before the recall?
- Get a Free DePuy ASR Hip Replacement Soft Tissue Injury Lawsuit Evaluation With Our Lawyers
DePuy ASR Hip Replacement Lawsuit Overview
DePuy ASR Hip Replacement lawsuits involve product liability claims against Johnson & Johnson for defective metal-on-metal hip implants that shed metal particles into patients’ bodies.
The primary allegations include design defects, failure to warn about known risks, and concealment of internal safety data showing high failure rates.
According to Johnson & Johnson’s own 2011 internal investigation, the ASR device was estimated to fail within five years in nearly 40% of recipients.
The device was removed from the Australian market in December 2009 and recalled globally in August 2010 due to abnormally high failure rates and serious complications including soft tissue injuries, inflammatory reactions, and bone loss.
Latest DePuy ASR Lawsuit Updates
- January 23, 2013 – Newly disclosed court documents revealed that a 2011 internal investigation conducted by Johnson & Johnson on its DePuy ASR hip implant estimated that the device would fail within five years in nearly 40% of recipients. For reasons still unclear, the company failed to make this information public while simultaneously downplaying the potential health complications associated with its metal-on-metal hip [1].
- March 10, 2010 – The New York Times reported that an Australian study found the ASR implant was failing too early, with researchers documenting adverse soft tissue reactions occurring most often in patients who had received smaller femoral heads. Patients were having adverse reactions to metal debris that resulted from the friction of the metal-on-metal surfaces [2].
- December 2009 – DePuy took the ASR off the Australian market following mounting evidence of early failure rates and complications, nearly a year before the global recall was announced [3].
FDA Reports and Statistics
The DePuy ASR Hip Replacement System has been associated with significant safety concerns documented through multiple studies and regulatory actions:
- 40% failure rate within five years according to Johnson & Johnson’s internal 2011 investigation
- Global recall announced in August 2010 due to abnormally high failure rates
- Premature device failure within a few years compared to normal implants that should last at least 15 years
- Higher rates of wear and tear and soft tissue damage documented in British studies
- Metal debris complications from friction of metal-on-metal surfaces affecting multiple patients
- Shallow cup design making surgical insertion more difficult compared to other comparable implants
Multiple international studies, including research from Australia and Britain, have documented the device’s propensity for early failure and metal particle shedding that causes serious health complications.
DePuy ASR Hip Replacement Injuries & Side Effects
Patients with DePuy ASR Hip Replacement devices have experienced a wide range of serious complications resulting from the device’s metal-on-metal design and premature failure.
These injuries often require revision surgery and can lead to permanent disability.
- Soft Tissue Injuries: Contusions, muscle tears, ligament damage, and inflammatory reactions from metal debris accumulation.
- Metal Poisoning (Metallosis): Toxic effects from metal particles entering the bloodstream and accumulating in tissues.
- Bone Loss: Deterioration of bone tissue surrounding the implant site due to inflammatory reactions.
- Device Failure: Complete failure of the hip replacement system requiring emergency revision surgery.
- Chronic Pain: Persistent, severe pain that interferes with daily activities and quality of life.
- Mobility Issues: Difficulty walking, standing, or performing normal physical activities.
- Inflammatory Reactions: Severe tissue inflammation around the implant causing swelling and tissue damage.
- Revision Surgery Complications: Additional risks and complications from required replacement surgeries.
Do You Qualify for a DePuy ASR Lawsuit?
You may qualify for a DePuy ASR lawsuit if:
- You received a DePuy ASR Hip Replacement (ASR or ASR XL Acetabular Cup) between 2005 and 2010.
- You experienced serious side effects including soft tissue injuries, metal debris complications, device failure, bone loss, or chronic pain.
- The injuries required medical treatment, revision surgery, or hospitalization.
- You can provide medical documentation linking your injuries to the DePuy ASR device.
- You have imaging studies showing device failure, metal debris, or tissue damage.
- Your complications occurred despite proper surgical placement and patient compliance.
Evidence Required for a DePuy ASR Lawsuit
To support your DePuy ASR lawsuit, you will need:
- Medical Documentation: Complete records of your original hip replacement surgery and all subsequent medical care.
- Device Information: Documentation identifying the specific DePuy ASR model (ASR or ASR XL Acetabular Cup) used in your surgery.
- Imaging Studies: X-rays, CT scans, or MRI results showing device failure, loosening, or metal debris.
- Blood Tests: Results showing elevated metal ion levels indicating metallosis or metal poisoning.
- Revision Surgery Records: Documentation of any additional surgeries required due to device complications.
- Symptom Documentation: Records of soft tissue injuries, pain levels, and mobility limitations.
Damages You Can Recover
Compensation in DePuy ASR lawsuits may include:
- Medical Expenses: Costs for revision surgeries, hospitalizations, diagnostic tests, medications, and ongoing medical care.
- Lost Wages: Income lost due to inability to work during recovery and treatment periods.
- Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
- Punitive Damages: Additional damages for manufacturer negligence and concealment of known risks.
- Future Medical Costs: Anticipated expenses for ongoing treatment and potential future surgeries.
DePuy ASR Recall Information
The DePuy ASR Hip Replacement System recall represents one of the most significant medical device recalls in history:
- Recall Date: August 2010 (Global recall)
- Models Affected: ASR and ASR XL Acetabular Cup systems
- Reason for Recall: Abnormally high failure rates and serious complications
- Prior Market Removal: Device removed from Australian market in December 2009
- Manufacturer: Johnson & Johnson’s DePuy Orthopaedics division
- Design Flaws: Shallow cup design and metal-on-metal friction causing metal debris
Statute of Limitations for DePuy ASR Lawsuits
The time limit for filing a DePuy ASR lawsuit varies by state but typically ranges from two to three years from the date of injury or discovery of the defect.
Key considerations include:
- Discovery Rule: Many states allow the statute of limitations to begin when you discovered or should have discovered that your injuries were caused by the defective device.
- State Variations: Some states allow 2 years while others permit up to 3 years for product liability claims.
- Recall Impact: The August 2010 recall may serve as a discovery date for some claims.
- Medical Device Exception: Some states have specific rules for medical device lawsuits that may extend timeframes.
- Immediate Action Required: Consulting with a lawyer promptly protects your rights and ensures you don’t miss critical deadlines.
Related Articles:
- Hip Implant Failure Lawsuit & Lawyers
- DePuy ASR™ Class Action Lawsuit & Lawyers
- DePuy Pinnacle Hip Replacement Lawsuit
- Wright Conserve Hip Lawsuits & Lawyers
- DePuy ASR Acetabular Cups
- Medical Device Lawsuit Cases
FAQs
1. Can soft tissue injuries from the DePuy ASR Hip Replacement lead to long-term complications?
Yes, soft tissue injuries from the DePuy ASR Hip Replacement can result in chronic pain, mobility issues, inflammation, and may require additional surgeries or prolonged rehabilitation.
To determine if your injury is related to the DePuy ASR Hip Replacement, consult a physician for diagnostic tests, review your medical history, monitor symptoms, and consider imaging studies that might indicate a correlation.
3. What are the legal options for patients suffering from soft tissue injuries due to DePuy ASR Hip Replacement?
Patients can file a personal injury lawsuit, join a class action, seek compensation for medical expenses and pain, and consult specialized attorneys for legal advice.
4. What makes the DePuy ASR different from other hip replacements?
The DePuy ASR features a shallow cup design and metal-on-metal construction, which sheds metal particles into the body. While normal implants last at least 15 years, the ASR failed within a few years for many patients.
5. Why was the DePuy ASR recalled?
The DePuy ASR was recalled due to an unusually high failure rate, with nearly 40% of the implants failing within five years. Johnson & Johnson’s internal investigation revealed complications such as metal debris and soft tissue injuries, prompting the recall.
6. How do I know if I have a defective DePuy ASR implant?
Signs of a defective DePuy ASR implant include persistent pain, swelling, reduced mobility, unusual sounds from the implant, and imaging tests that show metal debris or device failure. Blood tests may also reveal elevated metal ion levels.
7. What compensation can I receive for DePuy ASR injuries?
Compensation for DePuy ASR injuries may include medical expenses, lost wages, pain and suffering, and punitive damages. The amount varies based on injury severity, medical costs, and the impact on quality of life.
8. Do I need revision surgery to file a lawsuit?
No, you do not need to have revision surgery to file a lawsuit. However, documented complications and medical evidence of device failure will strengthen your case.
9. How long do DePuy ASR lawsuits typically take?
DePuy ASR lawsuits vary in length depending on complexity and court schedules, but most cases are resolved within 1-3 years, either through settlement or trial.
10. Can I still file a lawsuit if my surgery was before the recall?
Yes, you can file a lawsuit even if your surgery was before the recall. The statute of limitations typically starts when you discover or should have discovered that your injuries were caused by the defective device, not when the surgery took place.
Get a Free DePuy ASR Hip Replacement Soft Tissue Injury Lawsuit Evaluation With Our Lawyers
Health care professionals have increasingly been warning about problems with metal-on-metal hip implants, which can shed metal particles into the body.
The particles can result in soft tissue injury, cause inflammatory reactions, and lead to bone loss.
The Personal Injury & Product Liability Litigation Group at our law firm is an experienced team of trial lawyers that focus exclusively on the representation of plaintiffs in defective hip implant lawsuits.
We are handling individual litigation nationwide and currently accepting new cases in all 50 states.
Our service offerings include:
- Free, confidential consultations with no obligation to proceed
- No upfront costs or fees to begin your case
- Payment only if we win your case through our contingency fee arrangement
- Nationwide representation for DePuy ASR victims in all 50 states
- Specialized experience in defective hip implant litigation
References
- https://www.nytimes.com/2013/01/23/business/jj-study-suggested-hip-device-could-fail-in-thousands-more.html
- https://research.ncl.ac.uk/metalhip/resources/ASR%20artificial%20hip%20joint%20history%20and%20results%20tom%20joyce.pdf
- https://www.drugwatch.com/hip-replacement/depuy/recall/