DePuy ASR Lawsuit
(Hip Implant)
Problem summary
DePuy Orthopaedics’ ASR hip implant system has been recalled due to an unexpectedly high rate of premature failure, and many patients implanted with the recalled ASR hips have required revision surgery to replace the faulty devices. Once believed to be a more stable and longer-lasting alternative to older plastic or ceramic hips, metal-on-metal implants have been plagued by reports of debilitating complications in patients, many of which occur when toxic metal particles from the chromium and cobalt hip components are shed into the bloodstream. Many individuals across the country still have recalled ASR hips implanted in their bodies, and the prosthetic hips continue to fail at an alarming rate. In fact, studies have shown that, on average, 13% of ASR hip implants fail within just a few years of the initial implantation surgery, exposing patients to debilitating injuries, as well as the complications of what is considered a risky revision surgery, which may include bleeding, infection and further hip implant failure.
About DePuy ASR Hip Implants
DePuy’s ASR hip implant system is a metal-on-metal prosthetic hip device developed by Johnson & Johnson and approved in 2003, via the FDA’s 510(k) premarket approval process, which allows device manufacturers to fast-track products that are “substantially equivalent” to devices already on the market, without subjecting them to the rigorous testing that is required with the standard FDA approval process. DePuy’s ASR XL Acetabular System is a hip socket and its ASR Hip Resurfacing System is a partial hip replacement, and both of these devices have been plagued by reports of serious adverse events stemming from premature implant failure requiring revision surgery. Metal-on-metal hip implants in general have been associated with unexpectedly high rates of revision surgery due to pain, high cobalt and chromium blood levels and other serious issues, which has led to the recall of many all-metal prosthetic devices.
In August 2010, more than a year and a half after the first ASR hip implant lawsuit was filed against Johnson & Johnson, the company finally recalled the DePuy ASR Hip Resurfacing System and ASR XL Acetabular System. The recall came after data from the UK joint registry revealed that 13% of ASR hip implants failed within just five years of being implanted, and many experts agree that the recall should have been issued sooner, and would have been, if DePuy was at all concerned about the well-being of hip implant recipients. Prior to the recall, DePuy announced that it would be voluntarily phasing out the ASR hip implant due to declining sales but revealed nothing about a potential recall at that time. In fact, the company claimed that any rumors referencing a hip implant recall were false. The first warning about the higher-than-expected failure rate associated with ASR hip implants came in March 2010, and it was another five months before the ASR recall was officially announced.
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DePuy ASR Hip Injuries
- Implant failure
- Implant loosening
- Device dislocation
- Component malalignment
- Persistent joint pain
- Swelling
- Nerve damage
- Muscle damage
- Metallosis (metal blood poisoning)
- Cancer
- Necrosis
- Infection
- Fracture of the hip bone
- Degenerative heart disease
- Loss of bone strength
- Tissue death surrounding the implant
- Cardiomyopathy
- Pseudotumors around the implant
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DePuy ASR Settlements & Litigation
More than 10,000 lawsuits have already been brought against Johnson & Johnson and DePuy Orthopaedics in state and federal courts across the country, and several of these lawsuits have resulted in jury awards for the plaintiffs or settlement agreements reached outside of court. In 2012, for example, Johnson & Johnson announced that it would pay $600,000 in damages to settle three lawsuits filed over injuries from DePuy ASR hip implants. In 2013, a California jury awarded $8.3 million in damages to a man who suffered injuries due to problems with his ASR hip implant, and that same year, J&J agreed to pay approximately $2.5 billion to settle an estimated 8,000 lawsuits filed over injuries from the prosthetic hips. In 2015, the device maker agreed to pay another $420 million to resolve approximately 1,400 additional ASR hip implant lawsuits, and in 2016, a federal jury awarded five ASR plaintiffs a combined award of $120 million against DePuy, and a combined award of $240 million against Johnson & Johnson.
Estimates suggest that as many as 93,000 patients received ASR hip implants worldwide before the devices were recalled, which means it is likely DePuy will face many thousands of product liability lawsuits before the litigation reaches its end. ASR hip implant lawsuits against DePuy accuse the company of designing and manufacturing a defective, unreasonably dangerous product, and seek compensation for the costs associated with necessary revision surgery, as well as for pain and suffering, permanent disability, lost wages, past and future medical bills, and loss of future earning capacity, among other damages.
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