Parker Waichman LLP

DePuy ASR Hip Implant Lawyers Wrangle over Removed Devices

The DePuy hip replacement recall litigation involving the recalled DePuy ASR hip implant is focusing on the handling of devices removed during hip revision surgery. The removed hip replacements will be vital evidence in the many DePuy lawsuits that have already been filed, as well as the many others that will be filed in the future. […]

The DePuy hip replacement recall litigation involving the recalled DePuy ASR hip implant is focusing on the handling of devices removed during hip revision surgery. The removed hip replacements will be vital evidence in the many DePuy lawsuits that have already been filed, as well as the many others that will be filed in the future.

Johnson & Johnson’s DePuy Orthopaedics unit issued a worldwide recall for the ASR XL Acetabular Hip Replacement System 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 recalled devices had to undergo revision surgery within five years of receiving it. By then, more than 93,000 patients worldwide were fitted with an ASR hip implant. It is believed that roughly a third of those were patients in the U.S.

DePuy has since been named in scores of product liability lawsuits in the U.S. Late last year, all federal DePuy hip implants lawsuits have been consolidated in a multidistrict litigation before Judge David A. Katz in the U.S. District Court for the Northern District of Ohio.

The DePuy ASR Hip implant lawsuits are only in their preliminary stages. According to a Bloomberg report, lawyers involved in the litigation are trying to agree on how to handle hips and surrounding tissue that are removed during revision surgeries. The issue was discussed at a hearing before Judge Katz earlier this week.

The parties need to agree on how removed implants – known as explants – and tissue will be shipped from hospitals were surgeries take place to labs were they will be tested. They must also agree on testing protocols, Bloomberg said.

A DePuy spokesperson told Bloomberg that the explants belong to the patient, and “the patient’s surgeon should take appropriate steps to preserve them.” According to the spokesperson, DePuy sent a letter to hospitals and surgeons with information about preserving explanted ASR Hip Systems in September.

As we’ve reported in the past, DePuy attempted to get orthopedic surgeons and patients to return the removed hip implants and surrender their medical records to the company in order to receive reimbursement for their revision surgeries. Plaintiffs’ lawyers faulted DePuy’s tactics, saying the explants and medical records would be important evidence in DePuy ASR Hip Implant lawsuits.

The ASR Hip Implant System is a metal-on-metal hip implant made of chromium and cobalt, consisting of a cup that’s implanted into the hip with a ball joint that connects to the leg. It is believed that many of the complications linked to the DePuy ASR XL Acetabular hip implant are caused by wearing of the metal components, which can allow metal shavings to make their way into patients’ bloodstreams, leading to tissue breakdown, bone loss, and even the formation of non-cancerous tumors. The shedding of metal shavings can cause cobalt poisoning, a disorder that, if left untreated, can put patients at risk of tinnitus (ringing in the ears), vertigo, deafness, blindness, optic nerve atrophy, convulsions, headaches, peripheral neuropathy, cardiomyopathy, and hypothyroidism.

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
Positive: Responsiveness Top firm and ALWAYs in touch when you need a question answered. Very responsive.
Dean Stevens
3 years ago
5 Star Reviews 150
Parker Waichman LLP were very compassionate with my case. Michele Josama was absolutely wonderful. She keep me very informed throughout the process. She was thorough and knowledgeable. Michele Josama is truly an asset to this firm.
Yesenia Bonilla
5 years ago
5 Star Reviews 150
Positive: Professionalism , Quality , Responsiveness Benita Rollis was very helpful and kept me informed on every step of the process of my case.
Jose Crespo
3 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