Issue: Defective all-metal hip implants
What is the DePuy ASR Metal Hip Recall?
The DePuy Orthopaedics ASR XL Acetabular and ASR Hip Resurfacing system hip are all-metal, also called metal-on-metal, artificial hip implants. Nearly 40,000 patients in the U.S. received the DePuy ASR implant from August 2005 through August 2010, when DePuy, a unit of Johnson & Johnson (“J&J”), recalled the device.
Note, if you received a DePuy Pinnacle hip implant, this is a different system than the ASR implant. Pinnacle hips are also failing at a high rate. Click here to learn more if you received a DePuy Pinnacle hip implant.
Attorney Lexi Hazam Provides Information on the DePuy Case
What is the DePuy Hip Settlement?
There have been two rounds or periods of settlements offered to patients whose DePuy ASR implant failed. The total payouts under the settlements are estimated at over $2.5 billion.
J&J announced the initial settlement in 2013. Under the settlement, J&J agreed to provide a base award of $250,000 to U.S. citizens and residents who are more than 180 days from their hip replacement surgery, and prior to August 31, 2013, had to undergo a second, or revision, to take out their faulty DePuy hip ASR XL or ASR resurfacing hip.
The second round of the settlement was for patients who received the ASR implant and were forced to undergo revision surgery between August 31, 2013 and January 31, 2015. The deadline to submit claims under the second round was May 1, 2015.
Am I entitled to a settlement payout if had to undergo revision surgery after January 31, 2015 or my implant fails in the future?
For the present, the answer is no. However, you still possess your legal right to bring suit against DePuy as long as the statute of limitations (the deadline to file a claim) has not expired.
Lieff Cabraser represents patients whose ASR implant failed this year and underwent revision surgery after January 31, 2015, or is failing and must undergo revision surgery in the future.
We are vigorously working to achieve justice and obtain the maximum recovery under the law and the facts of each client’s case for all persons with a defective DePuy metal hip implant. Please contact us immediately for a free, prompt, and confidential review of your case.
What are the symptoms of a defective hip implant?
Patients who received all metal implants should be aware of symptoms of a defective metal hip implant. Common symptoms may include:
- Pain in the groin, hip or leg
- Swelling at or near the hip joint
- A limp or change in walking ability
What percentage of DePuy ASR hip implants are expected to fail?
Data from a registry of patients in the United Kingdom indicates that up to 50% of patients implanted with the defective DePuy ASR hip implant may be forced to undergo revision surgery within six years of their original hip replacement surgery.
What are the DePuy ASR implants failing at such a high rate?
The U.S. Food and Drug Administration has stated that there are “unique risks” for metal-on-metal artificial hips because tiny metal ions can wear off and damage nearby tissue.
Complaints filed by patients Lieff Cabraser represent allege that the DePuy ASR hips and certain DePuy Pinnacle metal hip implants are defective and fail due to a design flaw for two principal reasons:
- The device slips or the shell does not sit in place in the hip and it resists bone growth.
- Friction within the metal hip implant (the cup and ball, or liner, components are made of metal) causes microscopic shavings and metal debris to be released into the surrounding tissue and blood. This can lead to a condition called metallosis, or an excessive exposure to metal, which is characterized by the painful, inflammatory reaction in the tissue and a high blood metal count.
Since a Settlement Has Been Announced in The Lawsuits Involving The Metal Hip I Received, Do I Need a Hip Replacement Recall Attorney to Assist Me?
It is usually not advisable to try to resolve on your own a case involving a defective medical device causing substantial and prolonged injuries. An attorney can be critical to properly evaluating your case and advising you of your rights, including the time by which you must file a lawsuit in order to preserve your claim under the relevant statute of limitations. Also, without counsel, you may never know or receive the full value of your case.
This is true even when a global settlement of the litigation has been announced. Global settlements, including those in the hip recall cases, often provide a base award which is subject to adjustments both upward and downward. Experienced counsel will work with you and your medical providers to prepare the detailed information and paperwork required to qualify for the settlement offer. They will also ensure that you obtain the maximum amount of compensation available to you under the global settlement, including appealing your initial award(s) where appropriate.
Further, in the hip recall litigation, claimants who had not hired an attorney prior to the announcement of the global settlement were subject to significant reductions in their compensation, and thus generally received less than those who had hired attorneys prior to that time, even after payment of attorneys’ fees.
In some instances, a manufacturer may offer a program, separate and apart from litigation, that covers certain out-of-pocket expenses associated with the relevant injuries, such as the Broadspire program in the hip recall litigation. These programs generally do not, however, offer compensation for the pain and suffering associated with injuries, often the largest component of damages. Such programs may therefore be useful supplements to the compensation available through litigation, but not full substitutes for it.
Over the last 20 years, Lieff Cabraser has assisted thousands of patients in medical device cases maximize their settlement fund recoveries. Where appropriate, we will seek upward adjustments of the awards for our clients and object to any downward adjustments sought by the settlement administrator. We will also, to the extent permitted under the law, contest any medical claims or liens asserted by third-party health providers seeking a portion of your settlement payment.
Why Should I Retain Lieff Cabraser As My Hip Recall Lawyer?
Our law firm has been recognized by U.S. News, Best Lawyers, and the National Law Journal as one of the nations’ top law firms for representing clients in injury cases.
Our injury lawyers have successfully represented thousands of clients across America in personal injury cases involving defective medical devices and specifically faulty hip implants.
In addition to our experienced lawyers, we have a team of researchers, legal assistants, and case clerks who assist our clients. Lieff Cabraser also employs five full-time nurses, with decades of experience working with patients.
In addition to offering our clients the advantages and resources that only a national injury law firm can provide, we treat each client as an individual. We will provide you attentive, high-level, individualized representation.
Contact Lieff Cabraser
If you or a family member have had to undergo replacement surgery for a defective hip implant or have been told your prosthetic hip must be replaced, please use the form below to contact an experienced personal injury attorney at Lieff Cabraser, or call us toll-free at 1 800-541-7358 and ask to speak to attorney Lexi Hazam.
DePuy is a registered trademark of Depuy Orthopaedics and of Johnson & Johnson Company. The use of this trademark is solely for product identification and informational purposes. Depuy Orthopaedics and Johnson & Johnson Company or any of its companies are not affiliated with this website. Both companies and their recalled ASR Hip Implant products have no affiliation with Lieff Cabraser Heimann & Bernstein, LLP. Nothing on this site has been authorized or approved by Depuy Orthopaedics or Johnson & Johnson Company.
By Wendy Fleishman.