Hip Replacement Patient Files Lawsuit Alleging DePuy ASR Hip Implant Caused Complications Leading to Revision Surgery
DePuy’s ASR Hip System is a recalled device that has been associated with high rates of failure and side effects similar to those experienced by the Plaintiff.Jul 20, 2012 | Parker Waichman LLP
Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective medical devices, has filed a lawsuit alleging that the DePuy ASR hip implant caused adverse events prompting the need for revision surgery. The suit was filed on July 16th in the U.S. District Court for the Northern District of Ohio, Western Division (Case No. 1:12-dp-21931-DAK) where it is one of many cases pending in the multidistrict litigation as part of the In Re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation (MDL No. 1:10 md 2197). DePuy Orthopaedics, Inc., DePuy Inc., DePuy International Limited, Johnson & Johnson, Johnson & Johnson Services, Inc. and Johnson & Johnson International have been named as Defendants.
According to the Complaint, the Plaintiff, a woman from Pryor, Oklahoma, received the DePuy ASR hip implant in April 2007. In May 2012, she underwent revision surgery in order to alleviate symptoms such as pain, locking and metallosis. The suit alleges that the implant caused these complications, and claims injury to the Plaintiff, economic loss, loss of services and loss of consortium.
DePuy Orthopaedics recalled the ASR hip implant in August 2010 due to a high rate of early failure, which resulted in revision surgery for a number of patients. Since then, the DePuy ASR and other types of metal-on-metal hip implants have become a major health concern in the medical and orthopedic community. The all-metal devices have been associated with elevated metal ion levels, pain, swelling, pseudotumors and high rates of failure compared to metal-on-polyethylene or ceramic implants.
The lawsuit claims that the Plaintiff suffered injuries from both the implantation and explantation of the hip replacement. The suit also alleges that the plaintiff could not have known that her bothersome symptoms were related to the implant until the recall, nor could she have been aware of the elevated levels of cobalt and chromium in her body until blood screening was performed.
The U.S. Food and Drug Administration (FDA) has asked a number of manufacturers to conduct post-market surveillance studies investigating the potential hazards of metal ions released by metal-on-metal implants. However, less than a quarter of these studies have been approved. The agency has received around 16,800 adverse event reports related to metal hip replacements in the past decade. Among these, the most commonly reported complication was revision surgery, cited in approximately 14,000 cases. Last month, an FDA advisory panel agreed that metal-on-metal hip replacements have little use in the orthopedic world.
Meanwhile, a growing body of research continues to link all-metal hip replacements to high rates of revision and various complications. Most recently, a study published in the Orthopedics journal analyzed the patients with failed implants. In 78 percent of these patients, the revision surgery was performed within two years while 92 percent underwent revision within three years. Considering the fact that hip replacements are expected to last up to 15 years, this is fairly early in the post operative period. The most common cause for the corrective surgery was aseptic acetabular loosening.
Parker Waichman LLP continues to offer free legal consultations to victims of DePuy ASR and other metal-on-metal hip implant injuries. If you or a loved one experienced premature failure of your implant or other health problems associated with a recalled DePuy ASR Hip Implant or other metal-on-metal hip implant, please contact their office by visiting the firm's DePuy ASR hip implant injury page at yourlawyer.com. Free case evaluations are also available by calling 1-800-YOURLAWYER (1-800-968-7529).
Parker Waichman LLP
Gary Falkowitz, Managing Attorney