Bernstein Liebhard Files Suit Against DePuy Orthopaedics
Bernstein Liebhard LLP filed suit yesterday, December 17, 2010 in Federal Court against DePuy Orthopaedics, Inc., DePuy, Inc. and Johnson & Johnson, Inc. The lawsuit concerns a 56-year old Virginia nurse who was implanted with a defective hip replacement device (the DePuy ASR). DePuy was forced to recall the ASR Hip Replacement products in August, following reports of an astounding number of complaints. The lawsuit alleges that since at least 2006, DePuy Orthopaedics knew about the potential problems with the ASR Hip Implant.
In October 2008, the woman bringing the lawsuit (the “Plaintiff”) had the DePuy ASR System implanted in connection with her total Hip Replacement Surgery. A little over two years later, she was forced to undergo a painful and risky revision surgery to remove and replace the defective ASR device.
DePuy ASR Revision Rates Unacceptable
A recent study conducted in the U.K. found that 13% of patients required revision Hip Replacement Surgery within five years after receiving the DePuy ASR Implant, which is more than double the acceptable failure rate for Hip Replacement Devices. As a result of this data surfacing, DePuy was forced to issue a worldwide recall of the ASR XL Acetabular System and the DePuy ASR Hip Resurfacing System in late summer 2010.
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The plaintiff is seeking to recover compensatory and punitive damages for personal injuries suffered as a result of Defendants’ negligent and wrongful conduct in connection with the design, development, testing, assembling, manufacturing, packaging, labeling, preparing, distributing, marketing, supplying and/or selling of the DePuy ASR.
DePuy ASR Hip Implant Side Effects
Post initial implant surgery, the plaintiff, like thousands of other victims, began to experience various side effects related to the defective DePuy ASR, including but not limited to, discomfort, clicking, grinding, pain, a feeling of instability in her hip, and high metal ion levels in her blood due to the metal-on-metal design of the DePuy ASR. The pain increased considerably to the point where it handicapped her ability to walk, move and even sleep.
Like the plaintiff, many other victims are experiencing life threatening side effects as a result of this defective medical device. One such victim is Betty Jane Haak, a 74 year old grandmother who, as a result of her surgery is experiencing elevated levels of cobalt ions in her blood. She was urged by a specialist to have the device replaced. However, due to a recent heart attack, she delayed the surgery concerned that she may not be able to withstand it. Ms. Haak was quoted in a recent New York Times article about the DePuy ASR Implant Recalls article saying “Do I risk heart attack, or do I risk poisoning myself?”?
DePuy ASR Hip Implant Victims: Next Steps
If you or a loved one had hip replacement surgery with a DePuy ASR implant, you may be entitled to compensation. For your free and confidential case evaluation contact one of our DePuy Hip Replacement Recall lawyers today.