May 21, 2015 - More than 93,000 DePuy ASR hips were sold across the globe between 2005 when the FDA approved the metal hip implant, and 2010 when the implants were recalled. The National Joint Registry of England reported a failure rate of the ASR of approximately 13% prior to the recall, then revised this number up to 33% following the recall. According to the New York Times, DePuy’s own research placed the failure rate of the ASR at more than 40%, although this was later disputed.
DePuy ASR Hip Dangers
Despite numerous study results which showed the design of the DePuy metal-on-metal ASR was potentially dangerous, DePuy neglected to make this research public, continuing to downplay the risks of the implant. In 2009, the FDA raised concerns regarding the safety of the DePuy ASR, however sales continued until August, 2010, when the recall was issued. During this time period, thousands of ASR recipients developed symptoms of metallosis and metal toxicity. DePuy ASR Hip Metallosis symptoms include chronic pain in the groin, thigh and/or hip, inflammation, deterioration and necrosis of tissue and bone, hip implant failure and the necessity for revision surgery.
How the DePuy ASR Hip Settlement May Affect You
Following the recall of the ASR, more than 11,000 lawsuits were filed against DePuy and Johnson & Johnson. In 2013, Johnson & Johnson reached a settlement in the amount of $2.5 billion, which covered all those who had undergone revision surgery. These plaintiffs were eligible for a base award of $250,000, subject to enhancements and reductions based on certain criteria.
Medical expenses related to the DePuy ASR hip revision surgery were also paid through the settlement. This first settlement covered all those who had undergone revision surgery prior to August 31, 2013. Johnson & Johnson recently announced a second round of DePuy ASR hip settlements which will compensate ASR patients in the United States who underwent revision surgery between August 31, 2013 and January 31, 2015.
Are You Eligible for a DePuy ASR Hip Settlements?
Most of the plaintiffs involved in these two settlement agreements will receive the base award of $250,000 to compensate them for the pain and suffering they have undergone with their metal ASR hip. The revision surgery must have occurred within five years of the original implant procedure.
Those who had an ASR implant in both hips, and had revision surgery on both hips are eligible for Part B payouts as well. If you smoked at the time of your revision surgery, your base award may be reduced. If your body mass index was higher than 35 at the time of your original implantation, you could have your base award reduced as well. Patients who are deceased, who died shortly after their ASR revision surgery—for reasons unrelated to the surgery—may have the base award reduced.
Are You Eligible to Take Part in the DePuy ASR Hip Settlement?
If you have just heard of the ASR settlements, it is important that you speak to a DePuy ASR hip lawyer as soon as possible. If you have had revision surgery, you may be able to take part in the DePuy ASR hip settlement. Even if you have not had ASR hip revision surgery, but have experienced serious symptoms of DePuy ASR hip metallosis, then you may be eligible for DePuy ASR monetary compensation.