Parker Waichman LLP

Defective Hip Implants Side Effects

Get Compensation From Defective Hip Implant Settlements DePuy Orthopaedics Inc., a subsidiary of Johnson & Johnson, manufactured and marketed defective hip implants known as ASR implants. The abbreviation stands for “articular surface replacement.” The ASR implants failed miserably, and as a result, thousands of people throughout the United States needed revision surgery to address the defective implant. As […]

Get Compensation From Defective Hip Implant Settlements

Defective Hip Implants DePuy Orthopaedics Inc., a subsidiary of Johnson & Johnson, manufactured and marketed defective hip implants known as ASR implants. The abbreviation stands for “articular surface replacement.” The ASR implants failed miserably, and as a result, thousands of people throughout the United States needed revision surgery to address the defective implant. As a result of DePuy’s failure to produce and design the ASR devices with the appropriate care that medical device manufacturers must exercise when designing and manufacturing their products, many people were forced to endure multiple hip replacement surgeries, causing pain, missed time at work, and mounting medical bills.

At Parker Waichman LLP, we believe that no one should have to cope with these losses without compensation, and the lawyers at our nationwide firm fight hard for the rights of those wronged by DePuy. As a client of Parker Waichman, you will receive the benefit of our hip implant attorneys’ vast experience. If you or someone you love suffered economic or non-economic losses as a result of a faulty ASR implant, then you or your loved one might be eligible for financial compensation from a hip implant verdict. Contact us today for a free case evaluation.

Higher Risk, Less Reward: Grounds for Hip Implant Class-Action Suits

A successfully implanted hip replacement should last about 15 years. However, 40 percent of DePuy’s ASR implants lasted only about five years. Most other companies’ artificial hips only fail within five years, about eight percent of the time. It became apparent that DePuy manufactured a medical device that was substantially below the relevant medical standards, and this opened the door for hip implant class-action lawsuits.

Rapidly deteriorating hip replacements are more than an inconvenience. Because the DePuy implant only lasts for five years, a patient must suffer through two painful and risky surgical procedures within a few years of each other. Recovery from a hip replacement can be long and painful, and any surgery, especially major surgery like a hip replacement, is replete with risks. Patients tend to lose a lot of blood, and there is always the threat of infection, no matter how carefully the surgeon performs the procedure. Additional surgeries often become more difficult due to scar tissue.

To make matters worse, people who need hip replacement surgery are usually older. Recovery becomes more difficult with age, and any number of complications can arise. Also, hip replacement patients receive powerful and potentially addictive prescription painkillers to combat the searing pain they suffer after their leg and hip muscles have been pulled apart and their bones drilled. All of these problems are multiplied with additional surgeries.

DePuy and the Beginnings of Hip Implant Settlements

DePuy’s ASR hip first emerged in 2003 as an alternative to the traditional plastic and metal joint. It was used abroad in a type of surgery called “resurfacing,” in which the top of the leg bone is capped with a metal piece, and part of the hip socket is replaced with a metal shell. DePuy began marketing its ASR device in the U.S. for traditional transplants in 2004, and it marketed the resurfacing and traditional versions internationally. Perhaps not coincidentally, DePuy sold almost two-thirds of its ASR units in Australia and the United Kingdom out of a total 93,000 units manufactured and implanted in patients and the remaining third in the U.S.

Australian and English physicians were the first to observe that their patients had experienced complications with the ASR device. DePuy unscrupulously deflected the blame away from itself and onto the surgeons who performed the procedures, claiming that poor surgical technique was the cause of the problems their patients experienced. However, there’s evidence to suggest that DePuy knew in the mid-1980s that the metal-on-metal design that became the ASR could cause adverse side effects.

DePuy continued to engage in deceptive and unfair business practices for more than 20 years. Then, in 2008, a company consultant warned DePuy that the metal-on-metal design was rife with complications and should not be used further. One year later, the Food and Drug Administration (FDA) rejected DePuy’s application to market the ASR resurfacing unit domestically. The FDA cited elevated levels of metallic ions in patients’ blood, noting a flaw that DePuy knew about all along. DePuy then failed to inform medical authorities that the FDA had rejected their application because of metallic debris entering the patients’ bloodstreams. DePuy willfully concealed that the implant could poison recipient patients’ blood, and these cases of willful concealment led to hip implant class-action suits still paying out today.

Do You Qualify for Compensation From a Hip Implant Lawsuit?

The metal-on-metal design was once popular with orthopedic surgeons, who initially believed that metal-on-metal hip devices had the potential to last much longer than the accepted plastic and metal combination. But today, the design is no longer in use because of its excessively high rate of failure. DePuy recalled the ASR devices in 2010 and sold off its reserves of them.

In the wake of DePuy and parent company Johnson & Johnson’s deficient design and manufacturing of these products, 8,000 people across the U.S. filed claims seeking substantial compensation for the injuries they suffered from their defective ASR hip replacements. DePuy and Johnson & Johnson did not readily admit that they did anything wrong, attempting to defend themselves in court. But ultimately, fighting these claims was impossible, and a hip implant verdict against DePuy was inevitable. Consequently, DePuy and Johnson & Johnson tendered a settlement to the plaintiffs.

The settlement plan called for DePuy and Johnson & Johnson to pay $2.5 billion in a cash settlement to be divided among every person who had revision surgery due to a defective ASR implant. The defendants also agreed to pay the medical bills for all of the people who needed surgery. The plan was very complicated, and the award was dependent upon numerous factors, like how long the person had their artificial hip before it was replaced, whether they smoked or were overweight, and the age of the patient at the time they required revision surgery. On average, each person could receive approximately $250,000 as compensation for their pain and suffering.

All told, Johnson & Johnson was liable for more than $3 billion in damages, but that amount could go higher. At the time the ASR hip implant settlements were offered, 4,000 people had suffered adverse side effects from the ASR implant but had not had revision surgery. Only those that had the second surgery received a settlement. Johnson & Johnson designated another $250,000 per person for anyone who had to have revision surgery while the defendants were participating in the settlement plan.

DePuy and Johnson & Johnson are likely to continue having to defend itself against hip implant lawsuit claims as more and more of the devices fail. How much of a settlement victims receive depends on the circumstances of their cases, but nobody who has been a victim of DePuy’s deception should neglect to take legal action and pursue the compensation they deserve.

Get a Free Consultation With Experienced Hip Implant Attorneys

Parker Waichman stakes its reputation on securing justice for victims of Johnson & Johnson and DePuy. Call 1-800-YOUR-LAWYER (1-800-968-7529) or fill out our online contact form today to schedule a free consultation with one of our attorneys to discuss your claim. We’d be glad to answer questions about your personal injury case and how a skilled hip implant lawyer can help you seek justice. Time is of the essence due to statutes of limitations that govern legal claims, so don’t delay: Waiting too long could threaten your right to compensation. Call Parker Waichman today.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
I don't have enough words to describe my experience with Parker Waichman LLP Lawyers and its staff. So much gratitude to Ashley Lopilato, who worked with me in my case. Throughout the process, she was very professional, knowledgeable, always kept me updated, and patient with all my questions. Her expertise professionalism supersedes my expectations. I highly recommend Parker Waichman LLP. to my friends and family.
Libarbara Vargas
2 years ago
5 Star Reviews 150
I got into an accident a little while back and went to Parker Waichman for help. They were very honest and straightforward with me as to the steps I needed to take and guided me towards the right direction. I know sometimes dealing with lawyers can be intimidating but they really made me feel at ease I'd really like to thank Yesenia for helping out on my case, she has been amazing with communication throughout the whole case. Kept me up on updates and what to expect next with the case. I highly recommend the firm and to seek out Yesenia as she has been amazing with me !
Fred Mah
4 years ago
5 Star Reviews 150
I have had such charming experiences when calling. Both Catherine Nunez and Jillian have been such great helps, they answer every question I may have and are always willing to help. This is my first time dealing with a law firm so was scared at first but they have both made this process so easy thus far. Great in every aspect. Also, the nurse consultant Joanne Stevens has been on top of my medical injuries & treatment making sure all that needs to get done is. They’ve all been making this process as smooth as they can for me.
Carmen Rodriguez
5 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038