DePuy ASR Hip Implant Recall and Settlements. Johnson &Johnson settled thousands of lawsuits stemming from the DePuy hip implant technology. In 2012 a combined settlement for three lawsuits was reached, with J&J paying out $600,000 to patients who required revision surgery as the result of complications caused by the hip implant technology. J&J later agreed to a settlement of up to $4 billion in order to settle thousands of claims from patients who suffered injuries from the faulty technology. Patients who meet the settlement’s requirements can collect up to $500,000. It is important to remember that the processing of such claims is subject to strict deadlines, and anyone who underwent revision surgery after March of 2015, who is seeking compensation should check their eligibility.
DePuy ASR All-metal Hip Implants
DePuy’s all-metal hip implants were developed as an alternative device to the earlier technology which included ceramic and plastic components. The device was recommended for patients who were more active, as the all-metal models were said to be stronger and more durable. The hip implant devices were are also recommended for patients who have pelvic deterioration or other damage that impacts their mobility.
Problems with DePuy ASR hip implants
Thousands of patients have suffered pain, injuries and the need for revision surgery as a result of DePuy ASR hip implants. While the all-metal implants were meant to provide patients with a durable product that restored their mobility, when patients walk or run, the metal ball and cup rub against one another sometimes causing metal particles to wear off. The result is damage to the surrounding bone and soft tissue. IT is also possible for the metal particles to enter the patient’s bloodstream leading to cell death (necrosis) and inflammation, among other issues.
In addition to bone and tissue damage, patients suffered from infections, and some developed pseudotumors, which resemble tumors but are typically benign. Rather than regaining mobility from their implants, patients experienced trouble walking, difficulties standing and found the implant could not properly bear their weight. Some patients’ hips dislocated or experienced the loosening their implants. Others reported erosion of the bone, and the formation of cysts surrounding the joint.
Need for Replacement
In order to get FDA approval for the DePuy all-metal hip replacement, the manufacturer needs to show that the product is “reasonably safe and effective,” and that it works as well as the other existing approved technologies. However, while many hip implants were effective for 15 years or longer, the DePuy ASR showed high rates of failure after only a few years. Patients who had used the ASR model were, therefore, having to undergo revision surgeries at higher rates than patients who had received other devices. An internal memo within J&J suggested that the DePuy ASR model led to about a 40% risk of a patient requiring additional surgery around five years after the initial implantation.
J&J has been ordered to pay high punitive damages, which are meant to punish wrongful behavior by the defendant. The punitive damages were awarded because jurors found that in addition to the product’s faulty design, the company was aware of the risks presented by the product, but failed to warn patients about the risks.
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