Texas Man Files Lawsuit Claiming that His DePuy ASR Hip Implant Allegedly Caused Elevated Metal Ion Levels and Other Complications Prompting Implant Removal
Parker Waichman LLP has filed a lawsuit on behalf of a DePuy ASR hip recipient who suffered pain, fatigue, elevated metal ion levels and revision surgery, allegedly due to the metal-on-metal hip implantJul 24, 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 a number of adverse effects in a Texas man. 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-21933-DAK). There, it is one of numerous cases pending in the multidistrict 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 received a DePuy ASR hip implant on his left hip in February 2010. Following the implantation, he experienced pain, fatigue and elevated chromium and cobalt levels. Due to these effects, the Plaintiff underwent revision surgery last December to remove the implant. The lawsuit alleges that the metal hip replacement caused the complications leading up to his revision surgery, and is claiming injury to the Plaintiff, economic loss, loss of services and loss of consortium. The suit seeks, among other things, compensation for pain and suffering, emotional distress and punitive damages.
The lawsuit holds the Defendants responsible for the Plaintiff’s injuries, alleging that the Plaintiff could not have known that the adverse effects were related to his hip implant until it was globally recalled in August 2010. Similarly, he also could not have been aware of his elevated cobalt and chromium ions until after receiving the results of his blood screening.
Johnson & Johnson issued the DePuy ASR recall after data from the National Joint Registry suggested a failure rate as high as 13 percent in five years (1 in every 8 patients). Now, research indicates that the actual rate of revision may be much higher. A high incidence of early failure is one of the biggest concerns with regards to metal-on-metal hips. A recent study published in the Orthopedics journal found that 78 percent of revisions were performed within the first two years and 92 percent occurred within three years. When all-metal hips were first introduced, they were believed to be more durable and thus a better option for younger, more active patients.
Another major issue is the release of cobalt and chromium ions, which are produced when the metal surfaces articulate, or rub, together. Last month, Chemical Communications journal published a study suggesting that these ions may be genotoxic and risk destroying a cell’s genetic material.
According to a U.S. Food and Drug Administration (FDA) advisory panel, there is little reason to use metal-on-metal hip implants in the future. Early this year the FDA ordered a number of manufacturers, including Johnson & Johnson, to conduct post-market studies determining whether or not metal hips release dangerous amounts of metal ions.
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. Free case evaluations are also available by calling 1-800-YOURLAWYER (1-800-968-7529).
Parker Waichman LLP
Gary Falkowitz, Managing Attorney