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.
Pope McGlamry has obtained recoveries for many patients implanted with, and injured by, Johnson & Johnson’s defective DePuy ASR Metal-on-Metal Hip Implant device. If you or a loved one are experiencing pain from a metal-on-metal hip implant, contact us today for a complementary consultation.
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DePuy ASR Hip Recall
Many patients underwent hip revision surgery to replace the defective device with a safer hip implant device. In 2010, DePuy acknowledged that the device had a 12% revision rate within five years of implantation, and internal documentation later turned over by the company indicated DePuy’s knowledge of a 37% revision rate within less than five years of implantation. DePuy consequently issued a voluntary recall of the ASR hip implant device on August 24, 2010.
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.
DePuy ASR Settlement Program
On November 19, 2013, a $2.5 billion settlement program meant to compensate injured patients was announced in the DePuy ASR Metal-on-Metal Hip Implant Litigation. The DePuy ASR settlement program was designed to compensate approximately 8,000+ patients who experienced metal ion toxicity attributable to metal ion wear from the DePuy Hip Implant and who underwent hip revision surgery to replace the defective 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. The amount of the base award is determined by factors such as:
- Length of time the ASR was implanted
- Patient’s age
- Smoking history
- Body mass index (BMI)
In addition, some qualified claimants/patients are eligible to receive supplemental compensation, in addition to the Base Award, 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?
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.
Contact Pope McGlamry
Victims of complications related to the DePuy ASR recall may be entitled to compensation for their medical bills, lost wages, pain and suffering, and other damages. As new developments related to DePuy ASR news occur, we will update our website and communicate directly with our clients. If you have had complications from a metal-on-metal hip implant, contact us today for a complimentary case evaluation.