DePuy ASR Hip Recall Approaches Two Year Anniversary

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DePuy ASR hip recall of August 2010 continues to impact thousands of individuals two years later, Bernstein Liebhard LLP reports.

DePuy ASR hip recall aftermath continues to plague thousands of individuals as the two year anniversary nears, Bernstein Liebhard LLP reports. On August 26, 2010, DePuy Orthopaedics, a subsidiary of Johnson & Johnson, issued a worldwide recall of its metal-on-metal ASR hip implant devices. More than 93,000 devices were subject to the DePuy ASR hip recall. Following the recall, over 37,000 individuals nationwide received letters from the company notifying them that they had the recalled metal-on-metal hip implants inside their bodies. According to the company, the DePuy ASR hip recall was issued after data from the National Joint Registry of England and Wales revealed that 1 out of every 8 patients (12%-13%) who received its metal-on-metal ASR hip implants had to undergo revision surgery within five years of implantation.* However, recent studies suggest that the DePuy ASR XL hip replacement, one of the implants subject to the recall, has a 49 percent failure rate after six years.** This means that half of the individuals who received this recalled DePuy ASR hip are likely to need revision surgery within six years.

Since the DePuy ASR hip recall was issued, Bernstein Liebhard LLP has carefully monitored developments and reports on the safety of metal hip implants. In addition, the Firm is representing clients who have filed ASR hip recall lawsuits and is continuing to actively file new cases on behalf of individuals who were implanted with the recalled devices.

Nationwide Surge In DePuy ASR Hip Recall Lawsuits

During the past two years, more than 6,000 individuals have filed DePuy ASR hip recall lawsuits. More than 4,200 of these lawsuits are pending before the Honorable David A. Katz in in the consolidated federal action: In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation (“MDL No. 2197”), which is currently underway in the U.S. District Court for the Northern District of Ohio. Approximately 2,000 additional DePuy ASR hip recall lawsuits have been filed in state courts nationwide. The first federal DePuy ASR hip recall lawsuit trial is scheduled to begin on May 6, 2013 with the second trial set for July 8, 2013.***

Safety Of Metal Hip Replacements Questioned As A Result Of DePuy ASR Hip Recall

Aside from the litigation over the recalled hip systems, various health regulatory agencies have launched investigations to determine whether metal-on-metal hip replacements are safe. In the wake of the August 2010 DePuy ASR hip implant recall, a multitude of advisories have been issued. Recent warnings include:

  •     February 2012: British Medical Journal advises that patients should be monitored annually for signs of metallosis, or metal poisoning, for as long as they have a metal hip implant.****
  •     March 2012: Study published in The Lancet medical journal concludes that metal-on-metal hips should not be used at all due to serious issues with the safety of the implants.*****
  •     May 9, 2012: Health Canada, the Canadian national health regulatory agency, issues a warning that patients should be aware of metal hip replacement problems and adverse effects.******
  •     June 27-28, 2012: Prompted by mounting evidence, an advisory panel to the U.S. Food and Drug Administration (“FDA”) convenes a two-day hearing to address safety concerns over metal-on-metal hip replacement devices.

Statute Of Limitations Could Affect Potential DePuy ASR Hip Recall Lawsuits

Individuals who were affected by the DePuy ASR hip recall should be aware that there is only a certain amount of time to file a lawsuit. This deadline is called the statute of limitations, which varies by state. While the statute of limitations period for each DePuy ASR hip recall lawsuit depends on the state where the surgery took place as well as the circumstances of the injury, many states have a statute of limitations period of two years. Although no court has ruled on this issue with regard to the DePuy ASR hip recall lawsuits, it is possible that DePuy’s lawyers may argue that the two year window to file a lawsuit started on August 26, 2010 – the date of the recall. Thus, individuals who are subject to a two year statute of limitations may not be able to file a claim after August 26, 2012.

Those who have suffered damages as a result of being implanted with a DePuy ASR metal-on-metal hip may be entitled to compensation for medical expenses, pain and suffering, lost wages and other injuries. Learn more by watching this DePuy ASR hip recall video, or by visiting our website, For more information, contact a lawyer at Bernstein Liebhard LLP today at (877) 779-1414.


About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past nine consecutive years. Only two firms in the country have been selected for the Hot List nine years in a row.

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(877) 779-1414

ATTORNEY ADVERTISING. © 2012 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, (212) 779-1414. The lawyer responsible for this advertisement in the State of Connecticut is Amy L. Abate. Prior results do not guarantee or predict a similar outcome with respect to any future matter.

Contact Information:
Felecia L. Stern, Esq.
Bernstein Liebhard LLP
info (at) consumerinjurylawyers (dot) com

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