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A growing number of lawsuits are being filed in response to the DePuy hip recall issued in August 2010 for thousands of defective metal hip implants. Lawyers representing individuals throughout the United States are planning to meet in Durham, North Carolina on November 17th to discuss issues that are likely to arise in the DePuy ASR hip litigation.
DePuy Orthopaedics recalled approximately 93,000 ASR XL Acetabular System and ASR Hip Resurfacing System implants in August, after data confirmed that about one in every eight people who received the DePuy metal-on-metal hip implant are experiencing problems within five years. Unfortunately, the true failure rate with DePuy ASR hip implants may be substantially higher as individuals have their artificial hips examined following the recall.
While a handful of DePuy ASR hip replacement lawsuits were filed prior to the recall, the litigation is increasing dramatically as more and more hip patients learn about the recall and hire a DePuy hip recall lawyer to represent them.
The U.S. Judicial Panel on Multidistrict Litigation will take oral arguments on a motion to centralize all federal DePuy ASR recall lawsuits before one judge for pretrial proceedings on November 18. At that time, the MDL Panel will hear from plaintiffs' attorneys and lawyers for DePuy and decide whether the cases should be coordinated as part of an MDL, and which judge should be assigned to preside over the DePuy recall lawsuits.
On the eve of the MDL hearing, a group of plaintiffs' lawyers have scheduled a conference to meet and discuss the litigation. On November 17, the attorneys will discuss the problems with DePuy ASR hip implants, litigation strategies, preservation of evidence, and issues that are likely to be encountered while working toward a DePuy hip recall settlement.
The DePuy ASR metal-on-metal hip replacement system was developed in 2005. Since that time, health care professionals have increasingly been warning doctors and patients about the problems associated with metal-on-metal hip implants, such as those caused by the lodging of metal particles into surrounding bone, muscle tissue, and blood. These particles can damage soft tissue, cause inflammatory reactions, and lead to bone loss. The DePuy ASR hip failures appear to be linked to a defective design of the acetabular cup, which is shallower than the acetabular cups made by other companies, and therefore prone to more problems.
While DePuy has suggested that they will consider reimbursement for certain out-of-pocket expenses incurred as a result of the hip recall, lawyers have expressed concern about some deceptive practices by the orthopedic device maker, which may convince individuals to sign over important legal rights before they consult with an attorney.
DePuy has asked doctors to get their patients to sign medical releases allowing them to obtain certain information directly from the doctor and directing the doctor to turn over removed DePuy ASR hip implants to the manufacturer. However, lawyers recommend that any individuals who may have received one of the defective hip implants consult with a DePuy ASR hip replacement attorney before signing away any important legal rights.