Articles Posted in Defective hip implant



A jury has awarded an Oklahoma woman $2.5 million for damages she sustained from a defective Depuy hip implant which gave her metal blood poisoning. The jury found that the device was unreasonably dangerous. The lawsuit was filed by Andrea Smith, who got her metal-on-metal ASR hip implants on each side in October 2006 and February 2007.  She had to undergo revision surgery to have the implants removed in 2011 and 2012, after high levels of metal ions were found in her blood.

More than 12,000 similar DePuy ASR hip lawsuits have been filed by individuals throughout the United States, following a 2010 recall that was issued due to the high risk of premature failure.

The hip replacement system was removed from the market after data suggested that about one out of every eight would fail within five years. However, more recent data has suggested that the DePuy hip failure rate may ultimately be substantially higher, likely ending up in the 35% to 45% range.

All of the complaints involve similar allegations that DePuy designed and sold a defective and unreasonably dangerous hip implant. The metal-on-metal design causes the release of metallic debris into the body as the metal parts rub against each other during normal wear and tear, according to claims presented by individuals who experienced catastrophic failure of their implant.

DePuy had agreed to settle thousands of cases but for approximately $250 for each defective hip implant. Some who had the bad implants  elected not to participate in the settlement program and are continuing to pursue their claims individually.

Jeffrey Newman represents whistleblowers

Another major settlement for Johnson & Johnson’s DePuy Orthopeadics may be announced soon in which the medical device maker will pay another $250 million to resolve about 1,000 more cases.Johnson & Johnson’s DePuy Orthopaedics subsidiary previously agreed to $2.4 million in hip settlements, resolving about 8,000 lawsuits brought by individuals who had their implant fail prior to August 31, 2013.The first  settlement had Johnson & Johnson to pay about $250,000 for each hip patient who required replacement of a DePuy ASR hip at least 180 days after it was implanted. However, DePuy continued to face thousands of lawsuits brought by individuals who received one of the recalled implants, but did not have their device fail prior to the August 2013 cut off.The handful of individuals who declined the offer due to more serious injuries and those who have not had to have their DePuy ASR hip replaced are expected to continue litigating their claims for years.

Jeffrey Newman represents whistleblowers

Individuals who had problems with a DePuy ASR hip replacement resulting in the need for revision surgery must register by January 6 to be part of the settlement program announced in November.

There are about 12,000 hip replacement lawsuits pending in state and federal courts around the country, filed following the recall of the DePuy ASR XL Acetabular Hip System in 2010. The allegations relate to faulty design in that the metal on metal hip implant resulted in the release of metallic debris.

In November, the DePuy ASR settlement program was announced which will result in the manufacturer paying about $2.4 billion.

Johnson & Johnson has agreed to pay over $2.5 Billion to settle thousands of lawsuits caused by defective all metal hip implants. However, the deal will not close unless a large majority of victims support the agreement.

The ASR implants were defective as a result of the metal parts grinding together and sloughing off metal shards into the tissues surrounding the hip. In some cases, this resulted in poisoning of the tissues and the blood and in most cases, an additional surgery to replace the device was required.

There was a global recall of the devices in 2010.

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