DePuy Hip Lawsuit
- Numerous claims have been filed against DePuy Orthopaedics for producing defective hip implants, which were used in many hip replacement surgeries.
- Patients who had undergone hip replacement surgery with defective DePuy Orthopaedics implants are eligible to file a claim against the company in order to recover compensation for their losses.
- More than 11,000 DePuy Orthopaedics hip lawsuits have been filed against the company with more likely to be lodged in the future.
- There are around 9,893 lawsuits against the Pinnacle hip implant and around 1,473 against the ASR hip implant.
- The company has recalled the DePuy Articular Surface Replacement (ASR) and Hip Resurfacing System and the ASR XL Acetabular System when the defect was first discovered and reported.
DePuy Orthopaedics, a subsidiary of Johnson & Johnson, specializes in orthopedic surgical devices and joint replacement. With annual earnings of more than $9 billion, the company has produced and designed over 200 products. The company has successfully manufactured a large number of products over the years, with three of their hip replacement devices failing to produce the desired success as their other devices.
Three of their hip replacement devices — the Pinnacle Hip Replacement System, ASR XL Acetabular System, and ASR Hip Resurfacing System — have exhibited a higher rate of failure, leading people to file DePuy hip replacement lawsuits against the company.
Out of the three hip replacement devices, the company has recalled two of them, DePuy Articular Surface Replacement (ASR) and Hip Resurfacing System and the ASR XL Acetabular System. The Pinnacle Hip Replacement System continues to stay on the market.
DePuy has designed a few of their hip replacement devices using metal-on-metal (MoM). They designed the hip replacement devices to last long and increase mobility for younger and active replacement. Their MoM design did the opposite and resulted in an unexpectedly high failure rate, with the main cause identified as metal-on-metal grating that released small quantities of metal into the surrounding tissue.
Most people who received these MoM devices may need hip replacement surgery or reconstructive hip surgery to treat joint failure and repair tissue damage caused by their hip replacement devices. The grave side effects caused by the company’s hip replacement devices are mainly due to a faulty design.
The company manufactured the devices to allow doctors to customize the design for each patient. The device’s ball and socket components were available in several different combinations of polyethylene, ceramic, and metal.
After getting the device, several patients suffered from severe side effects caused by the metal-on-metal design. One of the reasons why the DePuy hip implants never underwent any testing was because the U.S. Food and Drug Administration approved the hip implant under its 510(k) Premarket Notification Process.
The 510(k) Premarket Notification Process allowed medical devices to skip strict and expensive clinical testing procedures by claiming that these devices are similar to other approved medical devices that it does not require any testing. For this reason, the DePuy hip implants did not undergo any human trials before being marketed to be used for hip implant procedures.
Out of three hip implant devices, the DePuy ASR XL Acetabular System has been identified as a defective and potentially deadly device. According to the BMJ, the lawsuits against the manufacturer claim that the hip implant device may cause metal toxicity, which could damage the patient’s joints or organs, such as the brain, heart, liver, and kidneys.
Patients have reported that the release of two toxic metals, chromium ions and cobalt, have destroyed their bone and muscle and have increased their chances of developing a long-term disability. Patients will require corrective surgery to remove the faulty hip implants and receive functional prostheses in its place.
It is further claimed the manufacturer was well aware of their hip implant releasing toxic chemicals and posing health concerns for the patient. The report also states that patients’ risk of developing leukemia and lymphoma could increase by a threefold after having the hip implants for 10 years.
Currently, there are more than 11,000 lawsuits lodged against the company with more lawsuits likely to be filed later. There are around 9,893 lawsuits against the Pinnacle hip implant and around 1,473 against the ASR hip implant.
If you have received a DePuy hip implant and have suffered serious side effects due to it, you should contact the attorneys at Frankl & Kominsky for legal guidance. We strive to help you get compensated for the physical and mental trauma you went through and try to help you get the compensation you need to cover your medical expenses, including hip replacement surgery and any other monetary loss you suffered.Benefits of Hip Implants
Hip replacement surgery removes diseased or damaged areas of a hip joint, replacing them with artificial hip implants. Hip implants alleviate pain, increase the performance of the hip joint, and improve walking and other movements.
Risks associated with hip implants are lower than what they used to be in the past. Usually, patients need to spend one to four days in the hospital after undergoing hip replacement surgery. However, it takes patients three to six months to heal completely from hip replacement surgery.
People may need hip replacement surgery if they have arthritis, a medical condition that causes the bone in their joints to die, fractures or injuries, and bone tumors that break down the hip joint. Hip replacement surgery is not for people with a medical condition that causes severe muscle weakness, Parkinson’s disease, a high risk of contracting an infection, and poor health.
Even though hip replacement surgery is safer and more common than before and it helps people become more mobile and reduce pain, DePuy Orthopaedics’ hip implants did the opposite. They caused severe side effects in patients who received them.Side Effects or DePuy Hip Implants
DePuy hip recall happened when it was discovered that the implants loosened, resulting in severe pain and requiring a hip revision surgery. The manufacturer recall affected around 93,000 patients who received their faulty hip implants.
The high failure of the hip implant is due to its design. People who still have their recalled hip implants will need to be monitored and may require hip revision surgery. Individuals who reported experiencing side effects related to the hip implant in the first five years stated that they suffered from pain, swelling, and difficulty walking.
Even though these symptoms are normal for hip replacement surgery patients, it becomes a serious issue if these symptoms become recurring. DePuy hip implants can affect a person’s quality of life and hinder their ability to perform regular activities. A few common side effects related to DePuy hip implants include:
- Pain and inflammation in the area surrounding the hip implant
- Hip dislocation or instability due to having difficulty walking or standing
- Muscle atrophy caused by immobility
Although all hip implants may cause serious side effects, the DePuy hip implants have caused a higher number of side effects than it should due to its metal-on-metal design. Following is a list of serious side effects caused by DePuy hip implants:
Metallosis – A type of metal poisoning caused by metal fragments and metal ions releasing into the tissue surrounding the site of the hip implant. The components of metal-on-metal construction grate against each other to release metallic debris into the bloodstream. Patients who developed metallosis from the hip implants may experience systemic effects of metal poisoning such as headaches, fatigue, rashes, body aches, and other symptoms similar to flu and inflammation.
Complete Hip Implant Failure – In some patients, the DePuy hip implants completely failed. The implant loosened, which led to the failure of the device. Loosening occurs when the hip implant does not stay connected to the bone in the right position. When the device becomes loose, it limits the person’s range of motion. It can also lead to misalignment or dislocation of the joint, causing pain and restricting mobility. Patients with the ASR hip implant may be more likely to suffer from this system due to its cup components being extra shallow.
Bone Fracture – Metallosis can breakdown the bone tissue near the surrounding area of the hip implant. This leads to weakened pelvic bones and femur, which may fracture and need reconstructive surgery or revision surgery.
Other symptoms of DePuy hip implants include:
- Necrosis – Metallosis toxicity killing bone and other tissue
- Osteolysis – Bone dissolution caused by metallosis poisoning
- Systemicmetallosis – Metal ions causing whole-body inflammation
- Pseudotumors – Formation of tumors such as deposits surrounding affected joints
If you have, you have the right to file a hip implant lawsuit against DePuy Orthopaedics, a subsidiary of Johnson & Johnson. You can contact the experienced team of injury lawyers at Frankl & Kominsky to start your claim.Who Can File a Hip Lawsuit?
Anyone who has received one of the faulty DePuy hip implants may file a lawsuit. If you received an artificial hip implant, contact your doctor right away to determine if you have metal-on-metal hip implant. If you do have metal-on-metal hip implant, get a copy of the operative report from the hip implant surgery.
The report will document exactly what the doctors implanted, including the hip implant’s lot and batch numbers. Your doctor may ask you to provide a blood or urine test, including a special MRI known as Metal Artifact Reducing (MARS) to check your hip implant for damage caused by metallosis. This includes the development of pseudotumors around your hip.
The next step is to contact the personal injury lawyers at Frankl & Kominsky if you have a recalled DePuy ASR XL Acetabular System installed. Any patient who has exhibited certain side effects due to DePuy hip implants has the right to compensation.
In the lawsuits filed by lawyers on behalf of their clients, they are demanding the manufacturer fulfills the following demands:
- Create a trust fund to pay for medical monitoring of all people who received the DePuy ASR XL Acetabular System
- Inform all people who received the DePuy ASR XL Acetabular System of requiring medical monitoring through notices handed out to doctors as well as via other mediums, such as the internet, TV, and radio
- Pay plaintiffs for economic damages, including costs and lost income, and punitive damages for the wrongdoings of the manufacturer
Your lawsuit can fall into one of the following three categories:
- Failure to warn or marketing defects focus on the supply chain. It states that the manufacturer designed the product as planned but failed to put the correct warnings or instructions on the product, thus making the product dangerous and a risk for recipients of it.
- Manufacturing defect occurs when the manufacturers designed the product to be safe, but the final product turned out to be unsafe. If the final product caused an injury, the manufacturer is held accountable for it.
- Design defect occurs when the final product contains defects, which can injure the recipient. The final product can be dangerous if it does not function as intended it would when used correctly and in the intended manner.
Some people who have filed lawsuits also claim that the manufacturer has known for several years that at least some of their hip implants had issues and they did nothing to fix it. In a previous trial — the ever DePuy ASR XL Acetabular System trial — documents from the company presented at it supported this claim.
The documents stated that the company had predicted that two in five people to receive a DePuy ASR XL Acetabular System would require a revision him implant surgery within five years. Other information presented at the trial stated that surgeons had told the manufacturer to recall the DePuy ASR XL Acetabular System.
The documents also revealed that the manufacturer has considered redesigning their hip implant, but they discontinued it because it failed to generate enough profit. There are still several lawsuits against the company that are still pending. You can consider filing a lawsuit if you experienced symptoms due to their DePuy ASR XL Acetabular System or SR Hip Resurfacing System.How Long Do I Have to File a DePuy Hip Lawsuit?
The FDA released a safety communication to inform healthcare professionals and the general public of the risks related to receiving metal-on-metal hip implants. If you believe you sustained an injury due to DePuy hip implants, you should discuss your case with Frankl & Kominsky lawyers right away.
The Statute of Limitations to file a lawsuit against DePuy Orthopedics will vary from state-to-state. Those who developed any adverse symptoms or side effects from a faulty DePuy hip implant should contact our injury lawyers for an initial consultation and further guidance on your own individual case.
We also realize that your case may be different from another victim of DuPuy’s poorly designed hip implants. Some disparities in the claims filed can include:
- Proof that is unique to each person’s case
- The amount of individual medical costs, extra surgeries, and any other procedures that the person needed to recover from the side effects and damage caused by the hip implant
- The duration and the extent of pain and suffering each person experienced
- Whether a person suffered wrongful death
- The amount of past, present, and future loss of income
- Differing statutes of limitations for people from different states and jurisdictions
DePuy agreed to compensate at least $4 billion to settle around 8,600 lawsuits involving the ASR XL Acetabular System, which they recalled in 2010 due to safety concerns. The company is also facing more than 5,000 lawsuits involving their Pinnacle Hip Replacement System, which they have not recalled yet.
In the past, the company also settled an additional 1,800 lawsuits for $420 million. As of July 2019, around 29,000 lawsuits have been filed against the company. To date, the company has paid more than $6.5 billion to settle cases over their defective hip implants.
In the case of Loren Kransky vs. DePuy, the jury awarded the plaintiff $8.3 million in damages in 2013. However, DePuy won the second trial and settled three pending cases against them for $200,000 each the same year.
The manufacturer went on to win the first bellwether in 2014 but since then, they have lost three trials. In all three trials, the jury sided with the plaintiffs, awarding them over $1.7 billion. Here is a breakdown of three trials:
- On March 2016, the plaintiffs in the case were awarded $142 million in actual damages, $360 in punitive damages. However, the $151 million was dismissed later from the award amount.
- On December 2016, the plaintiffs in the case were awarded $30 million in actual damages and $1.01 billion in punitive damages. The award was reduced to $543 million.
- On November 2017, the plaintiffs in the case were awarded $78 million in actual damages and $168 million in punitive damages. The award was reduced to $245 million.
At Frankl & Kominsky, our injury attorneys have recovered more than $100 million in accident and injury settlements. We offer a free initial consultation where our lawyers assess your case and will offer guidance and advice with regards to your claim. We also have a contingency fee arrangement, where you won’t have to pay our personal injury lawyers anything unless the case outcome is in your favor. For a free case evaluation, you should contact us by dialing 855-800-8000 today.
Let our professional and experienced lawyers fight for you.