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.