The company is facing massive litigation following the release of the ASR, a hip replacement system that has led to over 12,000 patient-filed lawsuits. According to the plaintiffs’ attorneys, the ASR was defectively designed and manufactured, causing serious injuries including dislocations, metallosis, early failure of the hip, and pseudotumor formation. In addition, the metal components in the ASR were found to be toxic, which contributed to premature failure of the hip.
If you are one of the millions of people who have been affected by a defective hip implant, you may be eligible to file a DePuy ASR hip replacement lawsuit. The DePuy Hip Resurfacing System and ASR Acetabular System are among the devices recalled by DePuy in 2010. Patients have filed over ten thousand lawsuits against the company, alleging that the company failed to warn patients of the risks associated with their new joint. The DePuy ASR Hip Replacement lawsuits claim that DePuy failed to warn patients of these risks and failed to provide sufficient compensation for patients who have undergone the surgeries.
In response to the recall, the FDA has received thousands of reports of adverse health effects. The recall led to a massive lawsuit wave against DePuy, with more than six thousand pending cases against the company. All federal-level cases have been consolidated in multidistrict litigation (ML) court under Judge David A. Katz. The first trials are scheduled for May 6, 2013.
The Pinnacle hip replacement system was not recalled until 2013, but it has been a long time since the pinnacle was. DePuy ceased making the ASR model, but the Pinnacle remained on the market until 2013. In the end, the manufacturer was never held accountable for the defective products, despite seven warnings from Australian regulators. Although DePuy has recalled the ASR hip, they have not recalled the Pinnacle hip implant, despite numerous reports from patients. The pinnacle device, which had a revision rate of 16.4%, was not recalled. The manufacturer was also not recalled for this model, but they have decided to defend their products until trial.
The case was filed in May 2011 by Loren Kransky, who underwent ASR hip replacement surgery in 2007. In March 2013, Kransky needed revision surgery to remove the implant. DePuy agreed to settle three lawsuits for $200,000 each, and a separate $420 million deal with Johnson & Johnson was announced in November 2013. However, the company still faces more than 1,700 cases in federal court in Ohio. The Pinnacle hip replacement lawsuit has been part of multidistrict litigation that was set up in May 2011.
In February 2013, a Los Angeles Superior Court jury began hearing the claims filed in the state’s DePuy ASR hip replacement lawsuit. A substantial amount of evidence was presented that raised questions about DePuy’s handling of the ASR problem, including knowing about the problem years before it was recalled. In March 2015, the jury awarded Loren Kransky, a patient with a failed ASR hip replacement, $8.3 million in damages. The verdict is the latest in a series of lawsuits involving DePuy, Pinnacle Hip Solutions, and the ASR.
The federally-filed cases were transferred to Ohio. This move creates multi-district litigation, a type of lawsuit where similar claims against the same defendant are handled. Pre-trial proceedings are coordinated by a leadership council. In August 2012, discovery began in the first case, while three cases tried in Nevada were settled for $200,000 each. A Los Angeles Superior Court awarded the plaintiff $8 million.
As more patients seek compensation for the failure of DePuy ASR hip replacements, many have chosen to file a lawsuit. The company has been sued by numerous patients who claim they were not told of the high failure rates of these hip replacements. Plaintiffs claim that DePuy concealed the failure rates, which can result in actual damages and punitive damages. The pinnacle device was introduced in 2002 and was made with metal-on-metal construction, which was supposed to make the implants last longer. However, patients have reported elevated levels of metal ions and have had complications from the implant.
There are many factors that may affect the size of settlement awards. One factor that could affect your award is the number of surgeries you have had. If you have undergone multiple surgeries, revision surgery, or suffered from thrombosis, your award may be adjusted accordingly. In addition, your claim may be based on whether you have suffered comorbid conditions such as smoking or obesity. Additionally, if you have undergone previous hip implants, you may also be excluded from receiving a settlement award.
A jury in Illinois has found in favor of DePuy in a lawsuit involving its ASR hip implant. The plaintiff had claimed that the hip implant was defective in its design and was the source of several side effects. In his lawsuit, Mr. Kransky sought a $36 million to $144 million damages award. After hearing the case, Johnson & Johnson agreed to extend the $2.5 billion settlement to cover additional claims, including those relating to ASR revisions before the year-end.
The number of DePuy ASR hip replacement lawsuits has now exceeded 10,000. A few of them have already gone to trial, but many others are still pending in federal and state courts. Many of the lawsuits claim that the ASR hip implant was defectively designed and that the company failed to warn patients about its potential dangers. According to the Judicial Panel on Multidistrict Litigation, there are now 8,007 lawsuits filed in the United States District Court for the Northern District of Arizona.