Metal-on-Metal Hip Implant Bellwether Trials in DePuy ASR Hip Replacement Litigation Scheduled for May 6, 2013 and July 8, 2013
First Trials will Help Predict how Juries are Likely to Rule in Other Metal-on-Metal Hip Replacement Lawsuits Pending in the DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation (MDL No. 2197).Aug 13, 2012 | Parker Waichman LLP
Parker Waichman LLP, a national law firm dedicated to protecting the legal rights of people injured by metal-on-metal hip replacement implants and other defective medical devices, reports that Judge David Katz of the U.S. District Court, District of Northern Ohio has scheduled the first bellwether trials in the DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation(MDL No. 2197) for May 6, 2013 and July 8, 2013. The first trials will help to predict how other juries are likely to rule in the thousands of additional metal-on-metal hip implant lawsuits pending in the DePuy ASR hip replacement multidistrict litigation.
"We look forward to the start of the first trials in the DePuy ASR hip implant litigation,” says Daniel Burke, an attorney with Parker Waichman LLP. "We are continually receiving inquiries from metal-on-metal hip implant recipients who have suffered life-changing, debilitating injuries because they had the misfortune to receive a recalled DePuy ASR hip replacement device."
DePuy Orthopaedics issued a global recall of the ASR Hip Resurfacing System and ASR Acetabular System in August 2010, after data from the National Joint Registry of England and Wales showed that 1 out of every 8 patients (12%-13%) who had received the devices had to undergo revision surgery within five years of receiving it. According to Parker Waichman LLP, more than 93,000 metal-on-metal DePuy ASR hip implants were sold worldwide prior to their recall. DePuy and Johnson & Johnson have been named in more than 4,200 lawsuits in the Ohio litigation, while another 2,000 cases are pending in state courts throughout the country, according to a recent report from Blomberg News. [bloomberg.com/news/2012-05-01/j-j-hip-patients-will-take-bellwether-cases-to-trial-1-.html]
The DePuy ASR device is a type of metal-on-metal hip implant, meaning that the acetabular and femoral components are both made of metal. Lawsuits pending in the DePuy ASR hip implant litigation allege that when these parts rub together, they can shed metal ions, which may be absorbed into the bloodstream and local tissue. This phenomenon can result in premature failure of the implant, the development of pseudotumors, soft tissue reaction, metallosis and pain. In July, a panel of U.S. Food & Drug Administration (FDA) advisors recommended that patients fitted with metal-on-metal hip implants be monitored via imaging tests and possibly blood screening for metal ions. Overall the panelists agreed there was no good reason for doctors to continue using metal-on-metal hip implant devices.
This past February, the British Medical Journal alerted the public about potentially high levels of metallic ions released by all-metal hip implants. The following month, the authors of a study published in The Lancet called for a ban on the devices, after finding that metal-on-metal implants failed at a rate of 6 percent in five years, as opposed to the 1.7 to 2.3 percent seen in their plastic or ceramic equivalents. In 2011, metal-on-metal hip implant complaints made to the FDA totaled 12,137, compared with only 6,332 associated with other types of hip replacement systems, according to a Bloomberg News article.
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 replacement device, 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 LAW INFO (1-800-529-4636).
Parker Waichman LLP
Gary Falkowitz, Managing Attorney