DePuy Orthopaedics is receiving more and more lawsuits filed against them involving defective hip replacement devices. According to Mass Device, there were more than 350 lawsuits filed against DePuy in August, 2011. In addition, there were 700 product liability lawsuits relating to these defective implants in the past two months and 1,700 filed since January.
Background on DePuy Orthopaedics
DePuy Orthopaedics is a subsidiary of Johnson & Johnson’s and has been making products to help improve the quality of life for those suffering from musculoskeletal conditions since 1895.
The company currently produces several different medical devices related to orthopedic surgery, including hip implants and knee replacements.
In 2010, DePuy released the ASR XL Acetabular System—a metal on metal hip implant device.
Though it was initially popular because it promised less wear than other hip implant devices, it soon became apparent that there were serious issues with the product.
In 2013, DePuy issued a recall for its ASR XL Acetabular System due to reports of high failure rates,
pain and infection in patients who had undergone revision surgery.
Since then, hundreds of lawsuits have been filed against the company alleging that their defective product caused injuries ranging from severe pain and infection to total implant failure and even cancer.
The recall of the ASR XL Acetabular System demonstrates DePuy’s commitment to safety, but it is too little too late for the hundreds of patients who were injured by this defective device.
Overview of Metal on Metal Hip Implants
Metal on metal hip implants are a type of device used in hip replacement surgeries to replace the head of the femur and/or the acetabulum.
These devices are made from two pieces of metal, usually a cobalt-chromium alloy, and are designed to last for many years. However, these metal devices can cause several problems for patients if they become defective.
Device failure can result in metal shavings and particles can be released into the body when these implants rub against each other during movement. This can lead to metallosis, which is a form of metal poisoning that causes tissue death and infection.
Some studies have found that metal on metal hip implants have higher failure rates than other types of implants due to corrosion, device loosening and bone loss around the implant.
Revision surgery may be needed so that patients can get relief from their painful symptoms and avoid further complications.
The ASR Hip Replacement Device Problem
According to a recent Reuters news report, Johnson & Johnson could be facing billions of dollars in legal expenses and related costs with regard to these defective products. Many lawsuits allege that victims who have these defective implants in them are suffering from serious adverse effects ranging from pain, swelling and joint dislocation to nerve and heart damage.
The lawsuits allege that DePuy failed to adequately warn consumers about the potential risks associated with their product and that they should have known about these issues before releasing it onto the market.
Furthermore, patients who needed revision surgery due to complications caused by the defective implant are seeking compensation for medical expenses, pain and suffering, lost wages and other damages related to their hip replacement surgeries.
In 2010, DePuy recalled two of its products, the ASR Acetabular Hip System and ASR Resurfacing System. Both of these products were MoM devices and were voluntarily recalled after a study was released stating that metal devices potentially caused more problems than older devices.
The National Joint Registry of England and Wales released data showing that the DePuy ASR system was removed within 5 years almost 30% of the time, compared to a 9.5% failure rate for other MoM implants.
The consequences of DePuy Orthopedics’ negligence have been devastating for many patients, and it is essential that individuals looking to undergo a hip replacement surgery are properly informed about any potential risks associated with the procedure.
If you or a loved one has experienced complications from an ASR hip replacement device, you may be entitled to compensation through the MDL process – but what exactly is this process?
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The Multidistrict Litigation (MDL) Process
The multidistrict litigation (MDL) process is a legal procedure that consolidates related cases into one court. The purpose of this is to streamline the proceedings and reduce the cost for both the plaintiff and defendant. This can be especially beneficial for cases involving defective medical devices, such as those filed against DePuy Orthopaedics over their ASR hip replacement device.
In an MDL, all claims are heard in the same courthouse with a single judge presiding over each case.
This ensures that each claim within the litigation is handled efficiently and fairly, as it eliminates any potential discrepancies between different judicial decisions.
It also allows plaintiffs to join together in one lawsuit against a common defendant like DePuy Orthopaedics, increasing their chances of obtaining compensation for medical expenses, pain and suffering, lost wages, and other damages related to their hip replacement surgeries.
The MDL process provides an important avenue for individuals seeking justice in cases involving defective medical devices. By combining multiple claims into one class action lawsuit, it helps ensure that all affected parties receive fair treatment while avoiding costly delays or duplication of efforts.
If you or someone you know has been injured by a defective DePuy hip implant, then consulting with an experienced attorney regarding your legal options may be beneficial.
Manufacturers of defective metal hip devices can be held accountable for the injuries, pain and suffering and emotional trauma they cause. If you have suffered adverse effects as a result of these defective DePuy implants, please contact the experienced Las Vegas injury attorneys at Shook & Stone. We will remain on your side, fight for your rights and ensure that you receive fair compensation for your losses. Call us today at at 702-570-0000 to find out how we can help.
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