Hip Implant Patient Files Lawsuit After the DePuy ASR Hip Implant Failed in Both Hips, Allegedly Due to Defects of the Recalled Metal Hip Device

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Parker Waichman LLP has filed a lawsuit on behalf of a man who received a DePuy ASR hip implant in both hips. According to the lawsuit, the defective metal-on-metal hip implants caused symptoms such as pain, instability, elevated metal ion levels and pseudotumors prompting the need for revision surgery.

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Parker Waichman LLP, a national law firm dedicated to protecting the right of victims injured by defective medical devices, has filed a lawsuit against DePuy Orthopaedics, Inc., DePuy Inc., DePuy International Limited, Johnson & Johnson, Johnson & Johnson Services, Inc. and Johnson & Johnson International alleging that the DePuy ASR hip implant caused serious injuries in a North Dakota man. The suit was filed on August 24th in the U.S. District Court for the Northern District of Ohio, Western Division (Case No. 1:12-dp-23403). There, it is one of numerous cases filed into the multidistrict litigation as part of the In Re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation (MDL No. 1:10 md 2197).

According to the Complaint, the Plaintiff received his first DePuy ASR hip implant on his left hip in February 2008. Thereafter, he experienced radiating pain and instability at the site of his implant. He also exhibited elevated levels of chromium. Due to these symptoms, the Plaintiff underwent revision to remove the left implant. Allegedly, the Plaintiff suffered similar effects with his right DePuy ASR hip system, which was implanted in January 2009. Shortly after this second implant, he suffered from radiating leg and back pain, clicking and instability of the implant, significantly high levels of chromium and cobalt ions and a pseudotumor. As with the left implant, these complications prompted the need for another revision surgery.

The lawsuit alleges that the Plaintiff suffered significant injuries due to both the implantation and explantation of the device. According to the Complaint, revision surgeries are even riskier than the initial implantation procedure because there is less bone to support a new hip replacement, increasing the risk of complications. The suit alleges that the Plaintiff would not have had to suffer any of these injuries if the Defendants had taken proper action to warn consumers about the dangers of the DePuy ASR hip implant. Among other things, the lawsuit is claiming personal injury, economic loss, loss of services and loss of consortium.

The Plaintiff’s claims may be supported by the fact that DePuy recalled the ASR hip implant in August 2010 due to its high revision rates. According to data from the British Orthopaedic Association and the British Hip Society, large diameter models fail in as many as 49 percent of patients in six years.

The DePuy ASR hip implant is a type of metal-on-metal hip replacement. The international recall of the device has drawn criticism to this class of implants as a whole, and researchers now suspect that the high rate of failure and subsequent complications may apply to the entire category of all-metal implants; many believe that the alleged defect results from the metal ions that are released when the metal surfaces rub together. In February, a report in the British Medical Journal warned that metal hip patients everywhere may be exposed to dangerous amounts of these metal particles, calling the use of metal-on-metal hips “a large uncontrolled experiment”. Most recently, a study in Orthopedics journal found that 92 percent of failed metal hips were revised early in the post-operative period-within three years. Researchers found loosening at the acetabulum to be the most common reason for revision surgery.

Parker Waichman LLP continues to offer free legal consultations to victims of DePuy ASR and other metal-on-metal hip implant injuries. If you or a loved one experienced premature failure of your implant or other health problems associated with a recalled DePuy ASR Hip Implant or other metal-on-metal hip replacement device, please contact their office by visiting the firm's DePuy ASR hip implant injury page at yourlawyer.com. Free case evaluations are also available by calling 1 800 LAW INFO (1-800-529-4636).

Parker Waichman LLP
Gary Falkowitz, Managing Attorney
(800) LAW-INFO
(800) 529-4636

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Gary Falkowitz, Managing Attorney
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