In 2010, DePuy, a Johnson & Johnson Company, initiated a massive recall on its ASR Hip Resurfacing system after multiple studies exposed high rates of mechanism failure in the hip implants. Many patients who have undergone surgery and gotten the implant were forced to have a second corrective surgery in order to install a better implant and reverse some of the negative effects of the faulty implant. The National Joint Registry of England and Wales found that up to 40% of patients ASR devices failed within the first five years of installment. This is a staggering percentage, considering some 93,000 people across the world have had the ASR device installed.
Are You a Victim?
It is likely if you have had the surgery and gotten that particular device installed, that you are in danger of long and short term injury. The following are highly painful temporary and even permanent side effects that are common with device failure:
- Cobalt or Chromium Poisoning
- Allergic Reactions to Metallic Debris
- Loose ASR Cup
- Pseudotumors (soft tissue masses formed because of negative reactions to excess metallic debris)
Many doctors warn that the procedure for the device meant that installment might be shallower than was needed, resulting in an improper installation; further hip complications ensued.
Depending on how serious your complications, you could join the thousands of others pursuing legal action against Johnson & Johnson. In December 2013, the company agreed to a 4 billion dollar settlement to cover all claims. If you are seeking compensation, it is important to first enlist the services of an experienced lawyer. If you are contacted by Johnson & Johnson, do not sign any paperwork or medical waivers for the company without consulting your lawyer first, as you may be signing away your right to sue them for future medical issues.
Success Rate of A Lawsuit
More than 12,000 have filed lawsuits, some settling outside of court, and some even victoriously winning trial verdicts. This is another point at which your lawyer will greatly assist you; lawsuit victories are never guaranteed. Three Nevada claimants ended up winning $200,000 in compensation for their injuries; some have received considerably less. However, in 2013, Johnson & Johnson agreed to pay $250,000 to settle each case that required replacement surgery. Depending on factors such as age and medical issues, you could receive up to $350,000; about 7,000 claimants in Ohio are expected to receive such, awaiting pending litigation.
What does this all come down to? If you can prove you have suffered serious medical complications because of the faulty implant, it is likely you will get some compensation. Johnson & Johnson has made quite a bit of money available. But depending on your case, you may not get as much as you want. For a detailed analysis, speak with your lawyer who can help you determine whether or not pursuing compensation is the right choice for you.