Trial Update News : DePuy ASR Replacement Hip Implant Recall Lawsuit News
More than two years after it was pulled from the market, victims of the DePuy ASR hip recall are finally seeing their personal injury claims head to trial. Since the recall was announced in 2010, nearly 11,000 DePuy ASR replacement hip lawsuits have been filed in state and federal courts throughout the country. Wright & Schulte LLC, a nationwide law firm focused on obtaining justice for the people continues to offer free DePuy ASR hip lawsuit evaluations to individuals who suffered debilitating injuries because of a failing DePuy ASR hip. To discuss your potential DePuy ASR hip lawsuit with an experienced personal injury lawyer, please contact Wright & Schulte LLC today.
DePuy ASR Trial Update
The first DePuy ASR hip replacement lawsuits were scheduled for trial in 2013 in both state and federal courts. The DePuy ASR trials are being eagerly anticipated by plaintiffs and attorneys alike, as the outcomes will help predict how juries might rule in similar DePuy ASR lawsuits, possibly even moving the massive DePuy ASR hip litigation towards global settlement.
DePuy ASR MDL Trials
Most of the 11,000 DePuy ASR hip replacement lawsuits filed since the recall are pending in a multidistrict litigation in U.S. District Court, Northern District of Ohio (MDL 297). A series of bellwether trials are scheduled to begin the spring of 2013.
DePuy ASR Trial Maryland
Maryland’s Prince George’s Court Circuit Court was to have been the venue of the first DePuy ASR trial in January 2013. However, one day into the trial, the Plaintiff decided to re-file in the Ohio MDL, and voluntarily withdrew her case.
DePuy ASR Trial Los Angeles, California
After the DePuy ASR trial in Maryland came to an early end, a Los Angeles Superior Court jury began hearing claims in a state DePuy ASR lawsuit in February 2013. In the end, the jury hearing the DePuy ASR trial in Los Angeles ordered Johnson & Johnson and DePuy Orthopaedics to pay $8.3 million to a retired prison guard who said he suffered metal poisoning and other health problems as a result of a DePuy ASR hip replacement he received in 2007.
DePuy ASR Trial Illinois
A second DePuy ASR trial began in Illinois, just as the Los Angeles proceeding came to an end. The plaintiff, who had to have her failing DePuy ASR hip implant removed just three years after implantation, alleges DePuy and Johnson & Johnson knew the ASR was defective, even after she received her artificial hip.
DePuy ASR Settlement News
In 2012, a single DePuy ASR settlement was reached in a Nevada lawsuit that involved three plaintiffs. Each received about $200,000, for a total settlement of $600,000. However, it is widely believed that the settlement was well below what DePuy and Johnson & Johnson could be expected to pay.
What are the Chances of a DePuy ASR Settlement in 2013?
While it’s impossible to say, there have been some legal experts who’ve speculated that the outcome of the Los Angeles trial could prompt Johnson & Johnson to seek a global DePuy ASR settlement.
DePuy ASR Hip Recall and the FDA
The DePuy ASR hip recall prompted the U.S. Food & Drug Administration (FDA) to take a hard look at metal-on-metal hip implants. Shockingly, the DePuy ASR hip and other metal-on-metal hips were brought to market without human testing, under the FDA’s 510(k) approval process. In January 2013, the FDA proposed a rule that would make all-metal hips ineligible for 510(k) approvals. The agency also said that patients fitted with metal-on-metal hips should have metal ion testing and additional screening if they suffered any signs that could indicate their hip was not functioning properly.
Depuy ASR Hip Replacement Symptoms & Complications
Some victims of the DePuy ASR hip replacement recall have suffered excruciatingly painful complications as a result of the failing of their defective hip. Some typical DePuy ASR hip replacement symptoms and complications include:
- Extreme pain (even when not moving)
- Swelling and inflammation
- Loosening of the implant
- Clicking or squeaking from the hip
- Bone deterioration
- Hip replacement failure
- Tissue Death
- Metallosis, a reaction to the high levels of toxic metal in the body
- Development of fluid filled masses in the tissue near the joint called psuedotumors
- Hip replacement revision surgery
There is even some evidence that the poisonous metal shed from metal hips like the ASR can accumulate to dangerous levels in the bloodstream, and eventually have an adverse impact on other systems and organs.
DePuy ASR Hip Replacement Recall Lawsuit
If you are thinking about filing a DePuy ASR hip replacement recall lawsuit, and you’re looking for a personal injury law firm that will guarantee the caring, personalized and loyal representation you deserve, please do not hesitate to contact Wright Schulte LLP today. For a free, no obligation legal evaluation of your DePuy ASR hip recall lawsuit, simply fill out the online form on the right, or give Wright & Schulte LLC a call, toll-free, at 1-800-399-0795.
DePuy ASR Hip Replacement Recall Lawsuit News & Information
Food & Drug Administration Information
[ http://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/ImplantsandProsthetics/MetalonMetalHipImplants/ucm241770.htm ]
United States District COurt Northern District of Ohio
[ http://www.ohnd.uscourts.gov/home/clerk-s-office-and-court-records/multidistrict-litigation-cases/mdl-2197/ ]
New York Times Article 2/1/2013
[ http://www.nytimes.com/2013/02/01/business/hip-implants-risks-inadequately-assessed-depuy-report-found-in-2010.html ]
New York Times Article 1/31/2013/
[ http://www.nytimes.com/2013/01/31/business/during-trial-new-details-emerge-on-dupuy-hip.html ]
New York Times Article 1/26/2013
[ http://www.nytimes.com/2013/01/26/business/johnson-johnson-hid-flaw-in-artificial-hip-documents-show.html ]
New York Times Article 1/23/2013
[ http://www.nytimes.com/2013/01/23/business/jj-study-suggested-hip-device-could-fail-in-thousands-more.html ]
New York Times Article 3/23/2013
[ http://www.nytimes.com/2012/03/23/business/fda-asked-depuy-for-safety-data-just-before-hip-implants-phaseout.html?_r=3&ref=business& ]
New York Times Article 2/22/2013
[ http://www.nytimes.com/2012/02/22/business/flawed-depuy-hip-implant-had-early-fda-notice.html?pagewanted=all&_r=0&gwh=568471FAF4F6F3BCBAA634F7C20AB31D ]
New York Times Article 8/27/2013
[ http://www.nytimes.com/2010/08/27/business/27hip.html ]
Chicago Tribune Article
[ http://www.chicagotribune.com/health/sc-health-0313-senior-health-hip-replacement-20130313,0,1119782.story ]
Bloomberg News Article 3/9/2010
[ http://www.bloomberg.com/news/2010-09-03/johnson-johnson-sued-over-recalled-implanted-hip-replacement-devices.html ]
Consumer Reports 4/2012
[ http://www.consumerreports.org/cro/magazine/2012/04/cr-investigates-dangerous-medical-devices/index.htm ]