Thousands of people implanted with Johnson & Johnson’s DePuy ASR Metal-on-Metal Hip Implant device have filed lawsuits against the manufacturer after being injured from painful complications and problems caused by the hip device. If you have a DePuy ASR metal-on-metal hip implant, you may have cause for concern.
DePuy ASR Recall Information
DePuy issued a voluntary recall of it’s ASR hip implant in August 2010.
DePuy acknowledged that the device had a 12% revision rate within five years of implantation. Internal documentation later turned over by the company, indicated DePuy’s knowledge of a 37% revision rate within less than five years of implantation.
As new developments occur, we will update our DePuy ASR News section and communicate directly with our clients.
DePuy ASR Lawsuit & Settlement Program
A $2.5 billion settlement program was launched in November 2013 to compensate injured patients. The program was developed around 8,000+ patients who experienced metal ion toxicity attributable to metal ion wear from the ASR hip implant and, as a result, underwent hip revision surgery to replace the device.
The settlement program has since expanded to include additional claimants who underwent subsequent revision surgeries and may exceed $4 billion in amount after all claimants have been properly compensated.
How much can qualified claimants receive from the settlement?
Under the settlement program a qualified participant receives a “base” award, determined by factors such as:
- Length of time the ASR was implanted
- Patient’s age
- Smoking history
- Body mass index (BMI)
Supplemental Compensation: Supplemental compensation, in addition to the Base Award, is also available for extraordinary injuries supported by appropriate medical documentation, such as revision surgery complications and delayed recovery scenarios.
How do I know if I qualify for a DePuy ASR settlement?
Meet with our lawyers to receive a free consultation. We can help you determine whether you could qualify for a claim. If we feel that you are a good fit, we will help you submit a claim. A neutral Claims Processor will determine whether the claimant is eligible and, if so, which base factors apply. The Claims Processor must base these decisions solely on information contained in the patient’s contemporaneous medical records.
DePuy ASR Litigation
To date, there have been three DePuy ASR Metal-on-Metal trials in various courts around the country.
Los Angeles, CA
Loren Kransky was the first to take DePuy ASR Metal-on-Metal hip implant to trial. A Los Angeles Jury in March 2013 awarded the Plaintiff more than $8 million in damages. (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County)
A second case was tried in Chicago. DePuy’s primary defense in that case was that the plaintiff was hypersensitive to metal and that her body would have rejected any metal-on-metal implant. The Chicago jury found in favor of DePuy and awarded nothing to that plaintiff.
Tulsa County, OK
The most recent case was tried in Tulsa County, Oklahoma, and the jury found in favor of the Plaintiff in her claim that the ASR Metal-on-Metal implant was defectively designed. The jury found DePuy on the claims for negligence and failure to warn, but did not award punitive damages.
Contact Pope McGlamry
Victims of complications related to the DePuy ASR hip implant may be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages. If you have had complications from a metal-on-metal hip implant, contact us today for a complimentary case evaluation.
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Disclaimer: All use of the ASR mark is for informational and product identification purposes only. This post should not be taken as either medical or legal advice, but instead should act as a resource in providing general information that may be useful to the general public. Pope McGlamry is not affiliated with the medical device manufacturers, DePuy Orthopaedics, Johnson & Johnson, or their distributors.