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Parker Waichman Files Lawsuits on Behalf of DePuy ASR Hip Implant Recipients

Apr 18, 2012 | Parker Waichman LLP

National law firm, Parker Waichman, LLP, has filed lawsuits on behalf of DePuy ASR  hip implant recipients. Both individuals allege they sustained significant injuries due to DePuy Orthopaedic’s recalled ASR hip implants. DePuy is a unit of device giant Johnson & Johnson.

Defendants named in the lawsuits include DePuy Orthopaedics, Inc. and Johnson & Johnson. The two lawsuits were filed on April 12, 2012, in U.S. District Court for the Northern District of Ohio, which is also where thousands of other DePuy ASR Hip Implant lawsuits are currently consolidated in the DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation (Case No. 1:10 mdl 2197).

In the first complaint, a 57-year-old Portsmouth, Virginia, man was implanted with a DePuy ASR hip device in his left hip on January 10, 2008; he received a second ASR Hip Replacement on his right hip on June 23, 2008. The Plaintiff allegedly suffered personal and economic injuries, including nerve damage, pain, metallosis, and elevated chromium and cobalt levels; this caused him to have to undergo revision surgery, all due to his DePuy ASR Hip Implants, according to the lawsuit. He underwent explanation of his left ASR Hip Implant on February 27, 2012 and, on March 29, 2012, his right DePuy ASR implant was removed, the complaint notes.

In the second lawsuit, a 60-year-old woman from Warner Robbins, Georgia, received a DePuy ASR hip implant on November 17, 2007. The lawsuit alleges that, due to her DePuy ASR hip implant, in April 2011, she suffered personal and economic injuries that included pain and elevated chromium and cobalt levels and which resulted in revision surgery. The plaintiff underwent explanation of her DePuy ASR hip implant on September 14, 2011, according to the complaint..

Parker Waichman LLP explained that the DePuy ASR hip implant is a metal-on-metal hip replacement device. In August 2010 DePuy issued a worldwide recall of the ASR Hip Resurfacing System and ASR Acetabular System. The recall was prompted by data issued from the National Joint Registry of England and Wales that revealed that 1 out of every 8 patients (12%-13%) who had received the devices required revision surgery within five years of receiving the recalled DePuy devices, Parker Waichman, LLC noted.

To date, thousands of lawsuits have been filed against DePuy and its parent, Johnson & Johnson, by ASR Hip Implant recipients who allege they have suffered serious injuries caused by the defective devices. Most of those lawsuits have been consolidated in the litigation now underway in the Northern District of Ohio.

Meanwhile, last month, a large study published in the journal, The Lancet, revealed that patients implanted with all-metal hip devices are subject to a 6.2% likelihood of requiring a replacement within five years. "Metal-on-metal stemmed articulations give poor implant survival compared with other options and should not be implanted," the study authors wrote.

Just prior to that report, another report in the British Medical Journal revealed that although metal-on-metal hip implant manufacturers knew of mounting evidence linking the devices to serious, long-term health consequences, they failed—for years—to warn the public about these dangers. That report warned that hundreds of thousands of people globally may have been exposed to dangerously high levels of toxic and potentially cancer-causing metals from failing metal-on-metal hip implants.

Last May, the U.S. Food & Drug Administration (FDA) directed 21 all-metal hip replacement companies—including DePuy—to conduct post-market studies of their products to determine if the devices were shedding dangerous amounts of metallic debris in patients. The FDA just announced that its Orthopaedic and Rehabilitation Devices Panel will meet June 27 - 28 to discuss the risks and benefits of metal-on-metal hip systems, as well as potential patient and practitioner recommendations for their use.


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