DePuy Orthopedics recalled the ASR XL metal-on-metal hip implant on August 24, 2010, after numerous complaints were sent to the FDA regarding issues with metallosis and metal toxicity as well as total hip failure. Overall, more than 9,000 consumers have filed DePuy ASR hip lawsuits; shortly after the recall, DePuy offered reimbursement for “reasonable” expenses related to the recalled implant in return for patients signing over the right to their medical records to the company, however many attorneys felt the patients were receiving little and that DePuy would use access to medical records to deny the claims at trial.
DePuy Cases Settled
The first DePuy ASR cases settled in August, 2012, when Johnson & Johnson paid three plaintiffs in Nevada state court approximately $200,000 each to settle their claims. Then in March, 2013, DePuy lost a huge ASR case in a California state court with an $8.35 million verdict in favor of the Plaintiff, Loren Kransky, a retired prison guard. Immediately after the Kransky case settled, DePuy successfully defended the safety of its implant when it denied a case in Illinois court in which a registered nurse sought $5 million for injuries allegedly caused by the ASR implant.
The first ASR bellwether trial was scheduled for September, 2013, in a federal court in Ohio; this case settled for an undisclosed amount, and within weeks Johnson & Johnson agreed to settle more than 7,000 more ASR claims, paying approximately $250,000 to each plaintiff forced to undergo revision surgery. Reportedly this settlement could easily top $4 billion and would have the dubious honor of being the largest settlement of U.S. claims involving a medical device. In July, 2014, this settlement garnered court approval, yet thousands of ASR lawsuits remain open for plaintiffs who have not yet had revision surgery—or had revision surgery after August, 2013.
$4 Million Oregon ASR Case Settled
The Oregon Department of Justice reached a $4 million settlement on July 2, 2014, in relation of the 432 ASR devices sold in the state between 2005 and 2010—approximately $9,259 per implant. Allegations against the company include the fact that DePuy neglected to caution surgeons and consumers regarding the alarmingly high failure rate linked to the metal-on-metal ASR. Johnson & Johnson stated the settlement was for a disputed matter and that “There is no admission of any legal violation and DePuy denies any such violation.” The outcome of the early DePuy ASR trials can allow other plaintiffs and their attorneys to determine how judges and juries may respond to evidence central to all the ASR lawsuits.
Failure Rate of the ASR
At the time of the DePuy ASR recall, research showed a minimum of a 37% five-year failure rate for the ASR, and a 49% failure rate after six years. This means that almost half of the consumers who received a DePuy ASR could require revision surgery within six years of receiving their implant—and thousands more could experience serious health issues connected to metallosis and cobalt and chromium poisoning. An article in The New York Times suggested DePuy officials were aware of the high failure rate of the ASR as long as a year prior to the recall. If you were injured by a DePuy ASR, you are encouraged to seek the assistance of a knowledgeable DePuy ASR hip lawyer.