Thousands of individuals who have suffered serious side effects and heath problems related to their ASR or Pinnacle hip replacements have made the difficult decision to file a DePuy hip lawsuit in order to seek fair compensation for the harm they have sustained.
These controversial metal-on-metal hip replacement systems have been characterized by high failure rates, dangerous complications and a frequent need for painful, inconvenient revision surgery.
Recalled in 2010, the ASR XL Acetabular system in particular has been alleged to cause problems such as metal poisoning, implant loosening, bone fractures, the development of pseudotumors and a host of other issues that greatly diminish patients’ quality of life.
If you have experienced some or all of these unanticipated, incapacitating effects, the product liability attorneys at Eisbrouch Marsh stand ready to assert your rights and seek the financial recovery you deserve. Call 201-342-5545 today for a free consultation.
Background of DePuy Hip Controversy
First receiving approval from the U.S. Food and Drug Administration in 2005, DePuy’s ASR device was touted as a new advancement in hip replacements, a more durable alternative to existing systems on the market. However, soon after its emergence, the ASR system was the subject of a growing number of complaints related to its performance once implanted in patients.
It gradually became public knowledge that the metal-on-metal design of the system posed a risk of chromium and cobalt shards being deposited into the area surrounding the device. Pain, tissue damage, swelling and lost mobility were side effects experienced by some people implanted with ASR systems.
Ultimately, DePuy’s parent company, Johnson & Johnson, initiated a voluntary ASR recall, announcing that roughly 12 percent of patients implanted with the associated resurfacing device and 13 percent of patients who had a total ASR replacement system required costly, painful revision surgery.
The numbers later proved to be significantly higher, with a four-year failure rate of 21 percent and a six-year failure rate of 49 percent being revealed by the British Orthopaedic Association.
Ongoing DePuy Litigation
Not surprisingly, thousands of hip replacement patients have filed lawsuits relating to their DePuy devices in state and federal courts across the country. Federal cases pertaining to different types of DePuy hip replacement systems have been consolidated as Multidistrict litigation in the Northern District of Texas and in the Northern District of Ohio. In addition, thousands of ASR lawsuits were consolidated in California as well is in New Jersey in order to streamline the process and produce judicial efficiency.
In total, Johnson & Johnson has faced no less than 12,000 DePuy hip replacement lawsuits stemming from failures of its subsidiary company’s prosthetic joints.
2013 – DePuy Hip Settlement Announced
In the face of ever-increasing litigation, in November of 2013, Johnson & Johnson announced an agreement to settle thousands of DePuy hip lawsuits by paying approximately $2.5 billion to compensate plaintiffs who have undergone revision surgery to remove and replace their artificial hips.
The company also agreed to provide compensation for all medical expenses connected to revision procedures and to pay compensation to any plaintiff forced to undergo such surgery before the settlement plan closes.
DePuy ASR hip settlement awards will depend on factors such as:
- Number of revision surgeries needed
- Patient’s age at the time of implantation
- How long the patient lived with the device implanted
- Existence of “extraordinary medical injuries”
In early 2015, DePuy extended the deadline for ASR settlement claims, and set aside another $420 million in damages to resolve an additional 1,400 lawsuits. This decision enabled plaintiffs to participate in the settlement if they had hip revision surgery up until January 31, 2015. Under the settlement terms, each case would receive approximately $300,000.
It is important to note that despite the large scale of the ASR settlement program, not all hip replacement claims have been resolved, and DePuy hip litigation is likely to continue.
Individual plaintiffs who did not accept the terms of the agreement remain free to pursue higher compensation independently. For many, the settlement amount falls short of the financial recovery they feel they deserve in light of the ongoing pain and inconvenience they have suffered.
J&J Ordered to Pay $502 Million in Pinnacle Trial
Litigation involving DePuy’s Pinnacle metal-on-metal implants continues to escalate, with more than 8,000 claims centralized in Texas district court before the honorable Judge Ed Kinkeade. J&J won the first bellwether case to go before the MDL jury, but faced a tremendous loss in their second case.
On March 17, 2016, federal jurors in Texas rendered a $502 million verdict in the second Pinnacle hip trial. Five plaintiffs, including Jay Christopher, Margaret Aoki, Donald Greer, Richard Klusmann, and Robert Peterson were awarded $142 million compensatory damages and another $360 million punitive damages. The plaintiffs alleged their Pinnacle implants were defective and leached metal particles into their bodies, requiring revision surgery.
A spokesman for Johnson & Johnson told Reuters the company will appeal the verdict, as speculation continues of future settlement talks in the pending Pinnacle Product Liability Litigation, MDL No. 2244.
Filing a Lawsuit
Those who have experienced the failure of a DePuy hip replacement system frequently face crippling pain, dangerous infections and loss of mobility, not to mention the specter of ongoing medical expenses and revision surgery. For that reason, it is important for victims of defective medical devices such as the ASR system to seek seasoned product liability lawyers who can deftly analyze the facts of their unique case, identify relevant causes of action and marshal essential evidence.
DePuy hip replacement lawsuits often incorporate claims of strict product liability, negligence, failure to warn and fraud, and therefore it is vital to enlist the aid of attorneys who have dedicated their careers to advocating on behalf of the injured. For over 25 years, the product recall lawyers at Eisbrouch Marsh have worked collaboratively with our expansive network of medical experts, case investigators and legal support staff to secure fair compensation for our injured clients.
Compensation in defective medical device lawsuits can include payment for:
- Past, present and future medical bills
- Pain and suffering
- Lost wages
- Diminished earning capacity
- Loss of consortium
- Reduction in quality of life
- Loss of support in wrongful death cases
How Hiring a Lawyer Can Make a Difference
Product liability litigation is a complex area of the law, and victims do themselves a great disservice by attempting to go it alone. Instead, securing lawyers who possess a track record of successful representation of those harmed by defective devices such as DePuy hip replacement systems is the best way to maximize the likelihood of a positive outcome.
If you are searching for a qualified medical device attorney, be certain to choose an advocate with an honest, straightforward communication style and a willingness to remain accessible to clients. At Eisbrouch Marsh, we are committed to rendering individualized service to every client and providing the information required for injury victims to make informed decisions about their legal options.
At Eisbrouch Marsh, our legal team pledges to:
- Give a frank, unfiltered assessment of the facts of every case
- Provide plain-English explanations of all options
- Conduct a comprehensive investigation of all claims
- Maintain close working relationships with medical experts and economic loss analysts
- Serve as aggressive settlement negotiators
- Provide unrivaled trial advocacy, should timely settlement of claims prove impossible
If you or a loved one has suffered from the often life-changing adverse side effects of a DePuy hip implant, our attorneys understand the disruption and despair you have surely felt. We at Eisbrouch Marsh invite you to begin the process of healing and recovery by contacting us at 201-342-5545 and scheduling a free, no-obligation case evaluation.
- Johnson & Johnson, DePuy Announces U.S. Settlement Agreement to Compensate ASR Hip System Patients Who Had Surgery to Replace Their ASR Hip, https://www.jnj.com/media-center/press-releases/depuy-announces-us-settlement-agreement-to-compensate-asr-hip-system-patients-who-had-surgery-to-replace-their-asr-hip
- 5 NBC Chicago, Patients Face Agonizing Decision In Hip Implant Settlements, http://www.nbcchicago.com/investigations/Plaintiffs-Face-Agonizing-Decision-In-Hip-Implant-Settlement-249671721.html
- Reuters, Insight: Depuy's handling of hip recall sparks questions, http://www.reuters.com/article/us-depuy/insight-depuys-handling-of-hip-recall-sparks-questions-idUSTRE77L35H20110822