DePuy ASR Hip Implant Lawsuits Settlement Fund Raises To Almost $3 Billion As Additional 1,400 Plaintiffs Settle Hip Lawsuits

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DePuy ASR Hip Implant Lawsuits Allege The Metal-On-Metal Hip Implants Were Defectively Designed And Recipients Suffered Metalosis and Severe Pain From Revision Surgery.

DePuy-ASR-Hip-Replacement-Recall-Lawsuit-Wright-Schulte-LLCWright & Schulte LLC is currently representing men and women from across the country in hip implant lawsuits reports that DePuy Orthopaedics, Inc. has agreed to settle 1,400 more metal-on-metal hip lawsuits. According to court documents, the DePuy ASR hip implant lawsuits will be added to a settlement program set up for ASR hip implant plaintiffs in the United States who had revision surgery on or before January 31, 2015. Wright and Schulte LLC comments “The agreement between DePuy and a Settlement Oversight Committee for the DePuy ASR hip recall litigation pending in the U.S. District Court, District of Ohio, was announced on February 20 and posted on the court’s website”. Bloomberg reported that the extension also includes DePuy agreeing to pay $420 million to resolve the additional claims that were not a part of the original 2013 settlement. In October 2013, DePuy agreed to pay nearly $2.5 billion to settle about 8,000 lawsuits with plaintiffs who had surgery to remove the metal-on-metal hip system. The additional settlements will increase the total settlement to about $3 billion, according to data compiled by Bloomberg. Plaintiffs’ lawyers told the news agency that the new settlements will resolve more than 90 percent of pending hip-removal claims. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)
[bloomberg.com/news/articles/2015-02-23/j-j-to-pay-as-much-as-420-million-more-in-asr-hip-accord, February 23, 2015]

Bloomberg further reported that the extension will add about 1,400 ASR hip recipients who had the recalled implants removed since 2013. The additional plaintiffs will be able to seek $300,000 each in compensation under DePuy’s original 2013 settlement agreement, according to the Bloomberg report. The DePuy ASR hip recall lawsuits allege that the DePuy ASR metal-on-metal hip systems were defectively designed and the hip implants prematurely failed. The complaints also contend that DePuy and its parent company, Johnson & Johnson, did not adequately warn patients and health providers of the metal hip systems’ risk, including metal poisoning (metalosis), chromium and cobalt poisoning, and pain and swelling.

DePuy issued a voluntary recall of its ASR hip system In August 2013. The ASR hip implant system first became available in the United States in December 2005. At the time of the recall, DePuy explained in its recall guide that the company was recalling the ASR hip system after receiving new, then-unpublished data from the United Kingdom (UK) that showed a higher number of ASR hip implant patients were having revision surgery. The hip implant patients who needed the second surgery reported having such problems as pain, swelling and problems walking, according to DePuy. The company said that these symptoms might be due to loosening of the hip implant, the bone around the implant may have broken or the two parts of the implant that move against each other may no longer be aligned.
[depuysynthes.com/asrrecall]

The U.S. Food and Drug Administration (FDA) was aware of the UK data and added that the ASR hip implant revision rates within five years was about 13 percent. According to the FDA, metal-on-metal implant systems carry unique risks because metal can be released from parts of the implant system as the recipient walks or run. Some of the metal ions (cobalt and chromium) from the implant or from the metal particles can enter a hip recipient’s bloodstream over time. The metal particles can also lead to damage to the bone or tissue that is near the implant and joint. This adverse local tissue reaction due to the metal debris may lead to pain, implant loosening, device failure, and the need to remove the implant and replace it with another hip device.
[fda.gov/MedicalDevices/ProductsandMedicalProcedures/ImplantsandProsthetics/MetalonMetalHipImplants/ucm241770.htm#2, July 2, 2014]
[fda.gov/MedicalDevices/ProductsandMedicalProcedures/ImplantsandProsthetics/MetalonMetalHipImplants/ucm241604.htm, January 17, 2013]

The firm further comments “DePuy ASR hip implant recipients who did not have a second surgery had until January 31, 2015 to decide whether to dismiss their complaint or continue with their lawsuit” In October, Judge David A. Katz, who is presiding over the DePuy ASR recall hip litigation in the Northern Ohio federal court, issued an order that allowed non-revision ASR hip implant plaintiffs to submit a form specifying their decision by December 31. However in December, Judge Katz extended the deadline to January 31. The order allows plaintiffs who choose to dismiss their claim to file their lawsuits again if they require revision surgery in the future. DePuy agreed to toll, or suspend, the statute of limitations in those cases, the order said. The plaintiffs’ newly filed DePuy ASR complaint will be considered a continuation of their previously filed DePuy ASR lawsuit, according to the judge’s order. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)

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Wright & Schulte LLC, an experienced defective medical device firm, is dedicated to the belief that America’s legal system should work for the people. Every day, the attorneys of Wright Schulte LLC stand up for the rights of people who have been injured or wronged, and fight tirelessly to ensure those rights. If you’re looking for a law firm that will guarantee the aggressive and personal representation you deserve, please do not hesitate to contact Wright & Schulte LLC today. Free DePuy ASR Hip Lawsuit Settlement case evaluations are available through yourlegalhelp.com, or call 1-888-365-2602.

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