There are a shocking number of metal on metal hip implant replacement failures. The epidemic of premature metal on metal hip implant failure continues surge at an alarming rate. DePuy ASR, DePuy Pinnacle, Biomet M2A Magnum, Smith and Nephew Birmingham and R3, Wright Profemur and Conserve, Zimmer Durom cup and Stryker Rejuvenate and ABG II and Encore, are among hip replacements that continue to fail prematurely and require painful and risky revision surgery.
Total Number of DePuy ASR Settlements Exceeds 9,400 Cases
Johnson and Johnson (J&J) and its subsidiary DePuy Orthopaedics, has agreed to add another 1,400 hip injury claims to a settlement agreement reached in 2013. This new agreement extends the deal to include recalled ASR implants that were revised as of January 31, 2015.
J&J had initially agreed to settle about 8,000 ASR lawsuit cases, that folks brought when their hip replacement failed and had to be removed prior to August 31, 2013. The initial agreement left several thousand DePuy ASR hip lawsuits in limbo.
Settlement Extended to Cover J&J DePuy ASR Revisions as of January 31, 2015
On February 20, the U.S. District Judge presiding over the federal litigation was notified that an agreement has been reached that extended the settlement program to include U.S. citizens or residents who received an ASR hip and had revision surgery on or before January 31, 2015.
J&J DePuy ASR Settlement Details
Under terms of the original agreement, plaintiffs will receive an average payment of $250,000 for pain and suffering, with the age of the plaintiff, the length of time the implant was in place, the weight of the plaintiff, whether they were a smoker, will be considered prior to a final award.
Patients who developed “extraordinary injuries”, and complications associated with the revision surgery, can also obtain additional compensation and all medical expenses will be covered by the manufacturer.
Thousands of Defective J&J ASR Hips in Americans
Despite the settlements, there are thousands of people throughout the U.S. who still have a defective implanted DePuy ASR hip. It is estimated that as many as 30,000 ASR hips were implanted in the U.S. prior to the world wide recall.
August 2010 J&J ASR Recall
The metal-on-metal implant was recalled in August 2010, because of a high rate of failures associated with the flawed design. This defective hip released cobalt and chromium metallic debris into the body and the hip joint as the components grind against each other during normal use. This accumulation of heavy metals is known as metallosis.
DePuy ASR Hip Failure Rate
The metal-on-metal hip replacement system was recalled from the market after medical data found that about one out of every eight would fail within five years. More recent data has suggested that the DePuy hip failure rate may be substantially higher, ending up in the 35% to 45% range.
Latest $2.5M Oklahoma Jury Verdict
Andrea Smith, from Oklahoma has been awarded $2.5 million after suffering metal blood poisoning from DePuy ASR hip replacements. The state court jury found the DePuy ASR hip to be defective and unreasonably dangerous.
Smith, received ASR hip implants on each side in October 2006 and February 2007. According to Smith, she had to undergo revision surgery to have the implants removed in 2011 and 2012, after high levels of Cobalt and Chromium metal ions were found in her blood.
More Than 7,700 J&J DePuy Pinnacle Hip Lawsuits
J&J is continues to deny, delay and defend thousands of cases involving similar metallosis and premature failure problems from the DePuy Pinnacle hip. The DePuy Pinnacle is an older model that features a substantially similar metal-on-metal design.
There are currently more than 7,700 DePuy Pinnacle hip lawsuits pending throughout the U.S. In the federal court system, as of 7/15/2015, all complaints involving problems with DePuy Pinnacle implants are centralized in the U.S. District Court for the Northern District of Texas under U.S. District Judge Ed Kinkeade as part of a multidistrict lawsuit (MDL).
DePuy Pinnacle Bellwether Trials
The Dallas court has identified ten different cases that have been selected to be prepared for early trial dates. These early trials are known as “bellwether” cases. The trials help the parties gauge how juries may respond to similar evidence and testimony that is repeated throughout the litigation.
The consolidated federal case is In re DePuy Orthopedics Inc., ASR Hip Implant Products Liability Litigation, 10-MD-2197, U.S. District Court, Northern District of Ohio (Toledo).
One Comment
Kent Sanders
Thank you Dr.Shezad for being an honest medical professional to bring out the truth about failing metal hip implants. My case in Dallas, Texas has been on going for 3 years this october. I was implanted with a Depuy Pinnacle hip in May of 2007 that began failing almost immediately with my immune system attacking the foreign metal implant. Since my surgery my white blood cell count has been 4 times the normal rate with what they call trash in my hip joint. The trash is actually metal particles from failure of the metal hip joint wear. It is shameful that the first trial of the Depuy Pinnacle Litigation in Oct of 2014, was founded on the failure of the ortho surgeon instead of the device. This allowed Depuy to push the court for over a year for discovery. Yes it will be January 16, 2016 before any of the 10 bellwether cases will be heard before District Judge Ed Kinkeade more than a year and 4 months from the last case.....unbelievable.... while affected metal implant patients undergo painful revision surgery
and deal with the heavy metal poisoning. At the rate of hearing cases in the U.S. District Court for Northern Texas, it will take 10 years for them to hear the selected bellwether cases. This will leave no one plantiff living so we will all die and never see any justice for the pain and suffering of this horrible injustice. Justice Served!!! Greed Won!!
Again Thank You for your honesty about the defective metal implant devices.
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