On August 30, 2010, the first hip replacement class action lawsuit was filed against DePuy Orthopaedics, a division of Johnson & Johnson, in United States District Court for the Northern District of California.  The DePuy class action was brought on behalf of all individuals who underwent hip replacement surgery and received either an ASR XL Acetabular System or an ASR Hip Resurfacing System.  The hip replacement class action alleges that DePuy knew that its ASR hip replacement devices were prone to fail within approximately two years of implantation, despite the fact that the devices are supposed to last more than fifteen years.

DePuy Hip Recall Class Action

A second  DePuy class action lawsuit was filed against DePuy Orthopaedics on September 24, 2010, in the United States District Court for the Southern District of Ohio.  This hip replacement class action lawsuit was also prompted by the August 24, 2010 worldwide DePuy ASR hip recall, and similarly alleges claims on behalf of all U.S. citizens who received the recalled ASR XL Acetabular System.  Specifically, the DePuy ASR class action alleges that the ASR XL Acetabular device had an unacceptable failure rate; evidence suggests that 13 percent of all patients who received a DePuy ASR hip implant will need revision surgery within five years. The plaintiff in this DePuy hip recall class action claims that the injuries she sustained as a result of the defective hip replacement device forced her to take a medical leave of absence from her job and apply for disability.  She will have to undergo radiographic evaluation, blood testing, MRIs and will likely have to undergo another surgery to remove and replace the defective hip implant. The plaintiff’s spouse is seeking damages related to loss of services, society, companionship and comfort.

Allegations In The DePuy Class Action Litigations

Plaintiffs involved in the hip replacement class action lawsuits allege that the hip implants were defectively designed.  As a result, individuals who received the DePuy ASR hip replacement devices have experienced severe side effects, including:

  • unnecessary pain and suffering;
  • debilitating lack of mobility;
  • inflammation causing damage or death to surrounding tissue and bone; and
  • the need for revision surgery to replace the faulty device, which carries an increased risk of complications and a prolonged recovery time.

DePuy ASR Class Action Or Individual Lawsuit?

A class action lawsuit is a type of lawsuit where one individual brings a lawsuit and represents the claims of all other individuals who are similarly situated.  There are strict federal and state law rules concerning class actions, and it is ultimately the judge’s decision whether to allow a case to proceed as a class action.  Although various lawyers have filed DePuy hip replacement class action lawsuits, no court has yet to rule that these cases may proceed as class actions.  Indeed, these types of medical device litigations rarely proceed as class actions.  Given the fact that each individual’s injuries are unique, the lawyers at Bernstein Liebhard LLP are filing individual cases on behalf of their clients injured by DePuy hip implants.  These individual cases have been consolidated into a multidistrict litigation (“MDL”) before the Honorable David A. Katz in the Northern District of Ohio.  An MDL is a tool that transfers, consolidates and coordinates all lawsuits involving similar claims against the same defendant pending in federal courts nationwide for pretrial purposes.

Contact A DePuy ASR Hip Replacement Lawyer

The attorneys at our Firm are currently investigating cases concerning hip replacement injuries caused by DePuy’s recalled ASR hip replacement devices.  If you or a loved one received a DePuy ASR hip replacement device, or would like more information on the DePuy class action, contact us for a free and confidential case evaluation.

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Published November 17, 2011 by