The DePuy ASR is a metal-on-metal hip implant with a failure rate so high that the company was forced to recall the device in August 2010. In the U.S., surgeons used the ASR between 2005 and early 2010. Many people who received an ASR got a recall letter from their hospital or doctor. Some people did not get a letter.
Why does the ASR fail?
The ASR consists of a stem, an acetabular shell and a cup. These pieces are made of cobalt and chromium. When they pieces rub against each other, tiny particles of metal are shed into the patient’s bloodstream. Over time, this process can lead to a dangerous condition called metallosis. Symptoms of metallosis may include tissue and bone damage, kidney and liver trouble, loosening of the device, neurological and cognitive defects, and painful clicking and popping sensations. Eventually, this condition forces many patients to have a costly and painful procedure called revision surgery to have the device removed. Here are some of the typical medical bills for a patient with a defective ASR hip.
Medical monitoring and blood tests: $3,000 a year
Revision surgery: $45,000 to $85,000
Physical therapy after revision: $8,000
Long-term follow up care: $1,500 a year
Will DePuy be held accountable for its actions?
DePuy and its parent company, Johnson & Johnson, face more than 10,000 lawsuits from people with failed ASR hips. The attorneys at Jones Ward PLC represent injured ASR hip patients all over the country. Many of those cases are part of a consolidated legal proceeding called Multi-District Litigation, or MDL for short. An MDL is not a class action lawsuit. The cases are consolidated only for pre-trial purposes. Jones Ward PLC is actively involved in reviewing millions of pages of company documents in this litigation on behalf of injured ASR hip recipients.
Six years after the initial recall, the attorneys at Jones Ward PLC continue to represent injured ASR hip patients all over the country. Many of those cases are part of a consolidated legal proceeding called Multi-District Litigation, or MDL for short. An MDL is not a class action lawsuit. The cases are consolidated only for pre-trial purposes. Jones Ward PLC helped review millions of pages of company documents in this litigation on behalf of injured ASR hip recipients. Jones Ward’s lawyers have settled dozens of lawsuits on behalf of injured ASR hip victims. Some of these lawyers were part of a 2013 settlement program where injured patients received a base award of $250,000 plus additional money for complications. A similar program was announced in 2015 for additional patients who experienced device failure in more recent years. But not everyone qualified for these programs, and others decided the settlement wasn’t the right fit for them. There were still approximately 1,500 cases pending in the MDL proceeding in Ohio federal court as of March 2017, including many with plaintiffs represented by Jones Ward.
What kind of damages are available in a DePuy ASR hip case?
Each case is different. At Jones Ward PLC, your case will receive the individual attention that it deserves. Our attorneys will visit you at home, or in another comfortable location where you can share details about your DePuy ASR hip injuries. Some of these details may include:
Lost wages from your job due to surgery and related recovery.
Pain and suffering from not being able to sleep well, difficulty walking or driving a car, grinding and popping sensations in your hip, and surgical recovery.
Medical bills that may average $100,000 or more per person.
Future pain and suffering and lost wages until you reach the age of retirement
Loss of consortium for your spouse due to strain on your marriage, loss of intimacy, inability to do household chores and participating in daily activities.
Punitive damages for DePuy’s failure to share information about the dangers of the ASR hip device, even after it knew about safety problems.
How do I preserve my rights?
If you do not file a lawsuit within a certain amount of time, you may lose your right to compensation due to the Statute of Limitation. This deadline is different in each state. For a free evaluation of your potential DePuy ASR hip implant claim, call us toll free at 1-888-595-2922. You can also fill out a form on our website to have us contact you