The patients charge that DePuy was aware of problems with its ASR hip for years.
Washington, DC (PRWEB) September 28, 2010
Today the DePuy ASR Hip Recall Law Firm Alliance filed a 40 count lawsuit in Maryland State Court against DePuy Orthopaedics, Inc. and Chesapeake Surgical, LTD on behalf of four patients with recalled DePuy ASR hip replacements. The lawsuit has been assigned case number CAL10-32147.
All four patients were forced to go through what’s called a “revision surgery.” In a typical revision surgery the DePuy ASR hip replacement is removed and replaced. Essentially, all four patients went through a second painful and unexpected total hip replacement operation because of the failure of the DePuy ASR hips implanted into their bodies. The suit alleges that the DePuy ASR hips in all four patients failed, resulting in loosening, bone fracture, and generation of excessive metal debris.
The patients charge that DePuy was aware of problems with its ASR hip for years. The lawsuit alleges that in 2005 independent experts publicly criticized aspects of the design of the ASR hip. That same year the Australian Joint Registry reported that the DePuy ASR failed at four times the rate of a similar metal-on-metal hip replacement. Despite mounting evidence that something was wrong, DePuy continued to heavily promote and successfully sell the ASR hip for the next four years. It was only this August that DePuy finally issued a worldwide recall of both its ASR XL Acetabular System (total hip replacement) and its DePuy ASR Hip Resurfacing System (hip resurfacing). DePuy stated that it was recalling the hip because of unusually high failure rates. This followed a strong denial by DePuy several months prior that it was recalling the ASR hip.
Two of the patients in the lawsuit reside in Maryland and two reside in Virginia. They chose to file their lawsuit in Maryland state court for Prince George’s County. Prince George’s County is part of the Washington, DC metropolitan area. The patients chose to bring their lawsuit in Prince George’s County instead of participating in the Multi-District Litigation likely mandated for all cases filed in Federal Court. “Litigating in state court allows us to prosecute these cases more vigorously and effectively,” stated attorney Brian Franciskato of the DePuy ASR Hip Recall Law Firm Alliance.
The lawsuit is only against DePuy, the manufacturer of the ASR hips, and Chesapeake Surgical, LTD, DePuy’s distributor for the hips. The orthopedic surgeons that implanted the devices and the hospitals at which they were implanted were not sued. “We don’t believe in suing the doctors and hospitals because they did nothing wrong - this is a problem with the device,” stated attorney Altom Maglio of the DePuy ASR Hip Recall Law Firm Alliance. The Alliance has taken a strong stance that it will not represent patients in suing physicians or hospitals, but instead only prosecute suits against DePuy and its distributors.
At present the DePuy ASR Hip Recall Law Firm Alliance represents approximately fifty patients across the nation with failed DePuy ASR hip replacements. The Alliance is comprised of the Nash & Franciskato Law Firm and the Maglio Christopher & Toale, PA Law Firm. Both of these firms have extensive experience in representing patients in litigation against DePuy Orthopaedics, Inc. and Johnson & Johnson Orthopedics, Johnson & Johnson’s prior orthopedic division. With their years of experience in prosecuting joint replacement product liability cases nationally, the law firms of the Alliance were one of the first in the United States to file a lawsuit against DePuy for the failure of the now recalled ASR hip replacement.
For more information go to http://www.mctplaw.com/depuy-asr/ or call the DePuy ASR Hip Recall Law Firm Alliance toll free at (877) 284-6600.
The above information is provided as a public service by the Maglio Christopher & Toale, PA Law Firm and Nash & Franciskato Law Firm. No attorney-client relationship can be established with the Alliance absent the execution of a retainer agreement signed by an authorized representative of the Alliance.