Thursday, March 26, 2015

The Metal on Metal Hip Attorney: Important Information on the DePuy ASR Hip Recall

March 27, 2015 - Were You Affected by the DePuy ASR Hip Recall?

DePuy Orthopaedics, a subsidiary of Johnson & Johnson, recalled its ASR Hip Resurfacing System and the ASR XL in 2010, after it gained FDA approval in 2005. The recall was voluntary, however the FDA had received hundreds of adverse reports associated with the ASR prior to the recall, and received over a thousand more, following the DePuy ASR hip recall. The ASR was recalled, due to extremely high failure rates. A “normal” rate of failure for a hip implant is between 1-2%, however the ASRs were failing at much higher rates.

 

A National Joint Registry of England and Wales study concluded that between 12-13% of those implanted with an ASR would suffer failure of the device within five years. Following the ASR recall, the same agency did a second study, which found a 33% failure rate for the ASR within the first five years. The first ASR trial, which was held in early 2013, presented evidence which supported the fact that up to 40% of the ASR hip devices were likely to fail within five years of implantation. 

 

More than 93,000 patients have been implanted with the DePuy ASR hip device. Prior to the recall, a number of studies noted various painful, sometimes permanent symptoms associated with the DePuy ASR including loosening of the ASR cup, allergic reactions to cobalt and chromium debris, the development of pseudo-tumors, cobalt and chromium poisoning and other symptoms of DePuy ASR hip metallosis. If you received a DePuy ASR hip implant, you may have been contacted by DePuy or Johnson & Johnson following the DePuy ASR hip recall.    

 

What about the DePuy ASR Hip Litigation?

More than 11,000 lawsuits were filed following the DePuy ASR hip recall. In March, 2013, a 65-year old retired prison guard from Montana was awarded $8.3 million dollars for damages suffered from a defective ASR hip implant device. Attorneys for Johnson & Johnson alleged the man’s prior health issues—including diabetes, kidney disease, a long history of smoking, vascular disease and cancer—were responsible for his many health problems rather than the ASR hip implant. The plaintiff’s attorney alleged DePuy was well aware of design deficiencies long before his—and other consumer’s—implant surgery, but had little regard for patient safety. Even though DePuy and Johnson & Johnson lost this first ASR litigation, they continued to maintain the ASR was safe and had no design flaws.

 

What is the Status of the DePuy ASR Hip Settlements?

In November, 2013, Johnson & Johnson agreed to a $2.5 billion settlement agreement which would settle thousands of ASR lawsuits for patients who had undergone revision surgery. Medical costs related to the DePuy ASR hip revision surgery would also be paid for each patient. There were reductions and enhancements associated with the $250,000 base award; for example, some patients would receive less money due to a fee imposed on the award adjusting the payout based on the length of time the patient had the ASR hip implant. Very recently, DePuy and Johnson & Johnson have announced a second round of DePuy ASR hip settlements. Those patients who underwent DePuy ASR hip revision surgery after August 31, 2013 and prior to January 31, 2015, could be eligible to receive a base award in the amount of $250,000, subject to enhancements and reductions according to the patient’s individual circumstances.

 

Could You Benefit from Speaking to a DePuy ASR Hip Lawyer?

All consumers harmed by the DePuy ASR hip recall could benefit from speaking to a DePuy ASR hip lawyer. Even if you have not yet undergone DePuy ASR hip revision surgery, you may be eligible to participate in DePuy ASR hip litigation. If you have undergone hip revision surgery, you may be eligible for DePuy ASR hip settlements.

Print
0 Comments
Please login or register to post comments.

WARNING: Do not send any information in any email through this website if you consider the information confidential or privileged.

I understand that by submitting my contact information to Sullo & Sullo LLP for review, I consent to messages regarding this legal matter as well as marketing for other potential legal matters in the future without limitation at standard messaging and data rates unless terminated by me in writing. I further understand that my submission of any and all information in response to this website does NOT create a lawyer-client relationship between myself and Sullo & Sullo, LLP and/or its lawyers, and that any and all information submitted is NOT confidential or privileged. I further acknowledge that, unless Sullo & Sullo, LLP subsequently enters into an Attorney-Client relationship with me, any and all information I provide will NOT be treated as confidential or privileged, and any such information may be used against me and/or for the benefit of current or future clients of Sullo & Sullo, LLP. ...READ ENTIRE DISCLAIMER
Receive an Immediate Response
ANDREW SULLO IS A TOP 100 NATIONAL TRIAL LAWYER 2013 • 2014 • 2015 • 2016 • 2017 • 2018 • 2019
Obtener una Respuesta Inmediata
Andrew Sullo – 100 Mejores Abogados Nacional | 2013 • 2014 • 2015 • 2016 • 2017


4.5/5.0

STARS ON YELP
WITH OVER 400 REVIEWS*

*AS OF 2024



Andrew Sullo has been named a

TOP 100 NATIONAL TRIAL LAWYER*
2013-2025

*BY THE NATIONAL TRIAL LAWYERS

 

CALL NOW FOR A FREE LEGAL CONSULTATION
(800) 730-7607
CALL NOW FOR A FREE LEGAL CONSULTATION (713) 839-9026 CALL NOW FOR A FREE LEGAL CONSULTATION (713) 335-9485


Andrew Sullo is a recipient of the

AVVO CLIENT'S CHOICE AWARD*
2016, 2017, 2019-2024

*GIVEN BY AVVO


Justice

Andrew Sullo is a Member of the

AMERICAN ASSOCIATION OF JUSTICE
2013-2024

*GRANTED BY THE AAJ

 

IF YOU OR A LOVED ONE WERE SERIOUSLY INJURED DUE TO THE NEGLIGENCE OF ANOTHER, CONTACT SULLO & SULLO IMMEDIATELY.
CALL NOW
(800) 730-7607
CALL NOW
(713) 839-9026
CALL NOW
(713) 335-9485

GET LEGAL HELP