ASR Hip Resurfacing & ASR XL Acetabular
System Recall Lawsuits

UPDATE: Johnson & Johnson and its subsidiary DePuy Orthopaedics have reportedly agreed to a $2.5 billion DePuy settlement over its recalled ASR hip implants.

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The DePuy ASR Hip Resurfacing System and the ASR XL Acetabular System, recalled in 2010 by manufacturer Johnson & Johnson, could cause serious harm to those implanted with the metal-on-metal hip replacement systems: the devices could come loose, fracturing bone near the implant and causing tumors. There is also the potential for metalpoisoning (metallosis), which occurs when the metal components rub together and metal ions flake off into the bloodstream. This could cause several neurological and other problems.

The 2010 recall meant that ASR implantees had to undergo what is called “revision surgery,” which is essentially a second surgery. Though the ASR implant would be replaced with another hip implant, there was still a potential for problems. For example, some of the metal ions could remain in the bloodstream and cause metallosis despite the procedure. Additional surgery means a loss of time, money, and opportunity for those who have already given up a lot for their initial hip implant surgery.

Thousands of Lawsuits Pending Across the Nation

There are more than 10,000 DePuy ASR lawsuits pending in federal and state courts across the country. Juries have awarded some plaintiffs several million dollars in damages. In March 2013, a jury in California state court awarded Loren Kransky $8.3 million for his pain and suffering related to the ASR’s serious adverse side effects. In New Jersey there are more than 600 lawsuits pending in a multicounty consolidation. Similarly, thousands of lawsuits at the federal level were consolidated into a mutidistrict litigation for pretrial efficiency and cost-effectiveness. Only the pretrial proceedings are consolidated around lawsuits with a common cause for suit, though. Each plaintiff has the potential for his or her DePuy ASR lawsuit to go trial and receive a potential damages award.

Multi-Billion Dollar Settlement Possible

Johnson & Johnson has agreed to settle some 7,000-8,000 pending DePuy ASR hip implant lawsuits for a total of at least $2.5 billion and as much as (or more than) $4 billion, as reported in the New York Times, Bloomberg News, and elsewhere. The payout will be divided among the total number of plaintiffs who accept the settlement terms, but individual payouts will vary with factors like each plaintiff’s age, extent of injuries, and number of revision surgeries. Based on the figures reported, plaintiffs could expect to receive anywhere from $250,000 to $500,000 each. The aggregate settlement amount could also still increase since implant recipients who have not yet had their ASR hip removed are still eligible to file claims against J&J.

Compensation for Your Harm

The process of demanding compensation for the harm you’ve suffered (caused by a defective product manufactured by a negligent company) can be complicated, even if it doesn’t seem fair that you should have to go through even more trouble to be made whole again.

The DePuy ASR hip implant attorneys of the Rottenstein Law Group believe that getting satisfaction from the company that harmed you shouldn’t be just more hardship. That’s why we do everything we can to streamline the process. And we remain in touch with you throughout the process of seeking compensation for the harm you’ve suffered. RLG knows that you want to be kept updated about your case. So we’ll provide regular, frequent updates regarding not just the progress of your case, but also news of other, similar cases, and even about the product and the manufacturer as well.

Join the Discussion

Please note: Comments are encouraged in order to permit visitors to discuss relevant topics. Comments are moderated and might be edited by RLG before being published.

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rlg Previous Comments

  1. Guest
    on June 16, 2012 at 3:11 am

    My DePuy hip replacement lasted 3 years. When it began to fail here was just localized pain in the groin and swelling around the same knee. The pain radiated throughout the hip area until it was impossible to walk or put any pressure on the right leg. Meanwhile edema was forming in a small 'saddle-bag' like sack on the outside of the leg, at the base of where the sutures had been. When the surgeon finally operated he said a green liquid spurt out (metal shavings) and the device had completely failed causing major damage to the hip. A full replacement was necessary. It took 5 months of rehabilitation to regain mobility but the hip will never be the same. Both operations were done in Italy. I am an American citizen living abroad, self-employed. The Italian system offers no way of reimbursement. They have advised me to seek a class action case to join.

  2. Guest
    on February 17, 2012 at 4:58 am

    My hip failed almost straight away. I had the resurfacing and have had constant pain and its loose. This has been six years now and still waiting to have it replaced. The surgeon also told me that they didn't have replacement that was any good.

  3. Guest
    on January 1, 2012 at 2:14 pm

    I am in Brits South Africa and have had a DePuy asr hip replacement in 2006. I have severe pain in hip buttock and groin at times even prefer to drag my leg than use my hips. I have other symptoms -- eyesight deteriorating, was hospitalized twice in the past year for severe headaches and nausea; doctors could not find cause and treated it as a virus. Have also joint pains on my elbows, wrists and knees. At times its painful to lift my arms again. Tests are done but no cause was found. I cannot teach at school anymore because it's too painful to stand and move around all day.

  4. Guest
    on June 17, 2011 at 9:32 am

    Hi, we are located in South Africa and my husband is having his hip redone next week (22 June). Although DuPuy are covering all costs etc., my husband already suffered complications the first time with multiple pulmonary embolisms and loss of income as he is self employed. Are you able to take on cases outside America?

    1. Guest
      on March 17, 2012 at 11:43 am

      I had my first ASR hip replacement done on the 8.9.2006 - had a small lump in my groin Dec 2010 - then Nov.2011 noted that the lump had become larger and was experiencing severe pain. Blood levels showed an increase of chromium and cobalt levels. On the 21.2.2012, I had revision surgery and am still recovering.

      1. Guest
        on March 22, 2012 at 5:34 pm

        I had total hip replacement on Feb. 23, 2012 and was discharged from Hospital on Feb 26,2012. I was home 14 days and had to go back to the hospital because my leg has swollen up so bad I thought it was going to explode and the pain was bad. The doctor said he just didn't know why it happen. They took x-rays and done blood work and everything came back normal. Well they got the swelling down and it felt better, I was in the hospital that time 10 days. Now back home doing my exercise and walking a little, now swelling back. The doctor said bed rest and elevate leg but have been doing that but the swelling is still there. I'm just miserable. I still get up some and do my leg exercise, but I can't put pressure on that leg.

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