The makers of a now-recalled metal hip replacement have agreed to settle claims filed in a consolidated California litigation by a man whose DePuy ASR hip lawsuit alleges injuries caused by an implant he received in 2008 that later failed prematurely, according to court records.

Documents from October 1st indicate that the parties have two months to file a request for dismissal of the case, which was supposed to serve as the first bellwether trial in a coordinated California proceeding. The start date for the trial was scheduled to begin on October 15th in San Francisco Superior Court and involved the DePuy ASR XL hip implant, a metal hip device that was recalled by the manufacturer in August 2010 due to excessively high failure rates.

The plaintiff involved in this lawsuit was implanted with the artificial hip, which he claims to have later removed due to early failure complications, in August 2008—almost exactly two years before the DePuy ASR recall was announced by DePuy Orthopaedics.

More than 11,500 Lawsuits Filed Since DePuy ASR Recall

Since then, it is estimated that over 11,500 lawsuits have been filed over this device in the U.S. Many of these cases are pending in a federal DePuy ASR hip recall litigation currently underway in the U.S. District Court, Northern District of Ohio, where the start date of the litigation’s first bellwether trial was recently postponed for up to 90 days in order to accommodate the scheduling of witnesses, pretrial discovery and additional depositions. The Order, which was issued on September 20th, involved a case filed by a Rochester, New York woman who was allegedly forced to undergo revision surgery after sustaining early hip failure complications. According to lawsuits filed in courts throughout the U.S., these complications may include pain, swelling, metallosis (metal ion poisoning) and other injuries.

Current estimates show that the DePuy ASR metal-on-metal hip may fail within five years in up to 40 percent of its recipients. Given that statistic, it is likely that the number of lawsuits involving this device will continue to rise.

Contact an Attorney to File a DePuy ASR Lawsuit

By filing a DePuy ASR lawsuit, you may be eligible to receive compensation for lost wages, medical expenses, pain and suffering and other damages. Call an attorney at Bernstein Liebhard LLP to learn more at (877) 779-1414.

Published October 3, 2013 by