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 painful complications in one patient. 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-21920-DAK) where it is one of the 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 is a woman from Safford, Arizona who was implanted with a DePuy ASR hip replacement in her right hip in May 2008. Thereafter, she began to experience significant groin pain and instability. The lawsuit alleges that these complications caused the Plaintiff to suffer personal and economic injuries, and seeks compensation for pain and suffering, emotional distress, economic loss and punitive damages.
The suit alleges that the Plaintiff’s injuries are a direct result of the device’s defective metal-on-metal design, which the Plaintiff could not have been aware of until the recall in August 2010. At the time, data from the National Joint Registry of Wales and England suggested a failure rate of 13 percent (1 in every 8 patients) in five years. However, more recent data from the British Orthopaedic Association and the British Hip Society indicated that the rate of revision may be as high as 49 percent in six years for large diameter models.
Earlier this month, a study published in the Orthopedics journal found that 92 percent of revision surgeries were performed in the first three years. This is relatively early in the post-operative period, considering the fact that artificial hips are expected to last up to 15 years. The month prior, the Chemical Communications journal published a study suggesting evidence of genotoxicity in the metal ions released by the implants.
Last month, the U.S. Food and Drug Administration’s (FDA’s) Orthopaedic and Rehabilitation Devices Panel met to discuss the safety concerns that surround metal-on-metal hip replacements, and agreed that there was little reason to use them in the future.
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