Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective medical devices, has filed a lawsuit on behalf of a man who experienced pain and other complications, allegedly due to the DePuy ASR hip implant. The suit was filed on August 23rd in the U.S. District Court for the Northern District of Ohio, Western Division (Case No. 1:12-cp-23395), 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 received the DePuy ASR hip implant on his left hip in July 2007. Thereafter, he experienced pain and weakness in his left hip and leg. The lawsuit alleges that these symptoms are a result of the implant, and is claiming personal injury, economic loss and loss of services on behalf of the Plaintiff.
The lawsuit alleges that the Plaintiff would not have suffered these effects if the Defendants had adequately warned about the risks of the device. According to the lawsuit, the plaintiff could not have been aware of the dangers of the implant until the device was globally recalled in August 2010. The suit seeks compensation and compensatory damages for pain and suffering, emotional distress economic loss and punitive damages.
DePuy Orthopaedics, a subsidiary of Johnson & Johnson recalled the DePuy ASR hip implant when data suggested a failure rate as high as 13 percent (1 in every 8 patients) in five years. By then, 93,000 units had been distributed around the world. Since then, research has only fueled the notion that metal hips fail more often than other types of hip replacements. In March, a study in the Lancet showed that metal-on-metal hips failed at rate of 6 percent in five years compared to the approximate 2 percent for plastic and ceramic hips. These results prompted the authors to call an end to their use. Recently, a study in the Orthopedics journal found that 92 percent of metal hip failures occurred within three years; the most common caused behind revision was acetabular loosening.
In June, a U.S. Food and Drug Administration (FDA) expert advisory panel met to weigh the risks and benefits of all-metal hip implants. Overall, the panel agreed that there is little reason to use the devices 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 replacement device, 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