DePuy ASR Hip Replacement Recall Lawsuits
ASR hip replacement systems are the subject of a recall by manufacturer DePuy Orthopedics. DePuy ASR hip replacements have had an unusually high failure rate, and many people who have received DePuy hip replacements have had to undergo multiple, painful surgeries to replace the defective hip implant.
Multiple patients have also developed symptoms of cobalt toxicity from the metal in the implant flaking off and entering the bloodstream, causing neuropathy and other damage to the nervous system. As a result, hip replacement patients may be experiencing symptoms which they may not even suspect are related to their DePuy hip replacement - such as vision impairment or hearing loss.
If you've been harmed by a DePuy ASR hip replacement, it's your right to file a hip replacement recall lawsuit against DePuy and seek compensation for your injuries. The national law firm of Blizzard & Nabers specializes in defective medical device litigation. We work hard for our clients to ensure that the manufacturers who make defective medical devices are held accountable, and that our clients are justly compensated for the harm they have suffered. We have over 25 years of experience in dealing with medical device manufacturers and product liability law.
Answers to Common Questions about Hip Replacement Lawsuits
Is there a Hip Replacement Class Action Lawsuit?
No. DePuy hip implant lawsuits have been been consolidated into what’s known a s a multi-district litigation, MDL 2197, with proceedings held in the the Northern District of Ohio.
What's The Difference Between an MDL and a Class Action?
In a class action lawsuit, representatives of the class file a lawsuit on behalf of a class of people who have suffered similar harm. Members of the class have no individual control of the lawsuit and are not involved in any of the decision making about how the Lawsuit should proceed. An MDL is a consolidation of individual lawsuits. If you file a lawsuit in an MDL, it is your lawsuit and you will be able to control over the important decisions involving your case, such as whether to settle, or go to trial.
A feature of an MDL is a plaintiff's steering committee. The plaintiff’s steering committee handles discovery, hearings, trial preparation, and procedural motions on issues common to all plaintiffs. Ed Blizzard, a senior partner at Blizzard & Nabers serves on the DePuy Hip Replacement MDL Steering Committee.
Do I Have to be in Ohio to Participate in the Hip Replacement MDL?
No. You do not have to travel to Ohio to file your lawsuit, and you do not need an attorney in Ohio. Because MDL status makes the case a Federal matter, a properly qualified attorney from anywhere in the county can handle your case.
What Should I Know Before I Have my Defective Implant Removed?
If you know that you have a defective DePuy hip replacement and are intending to have it replaced, there are two very important things to know before having the defective hip implant removed:
Don’t let yourself be intimidated by DePuy.
DePuy has been acting aggressively to protect its interests, approaching patients with recalled hip replacements and attempting to persuade them to forego lawsuits in exchange for payment of their medical expenses. DePuy is acting solely in their best interests, not yours. To protect yourself, do not speak with a DePuy representative without an attorney present.
Your implant is evidence, do not allow DePuy to take it.
Your hip implant is an important piece of evidence. It’s also your property. A representative from DePuy may attempt to obtain your defective hip implant after its removal. Before you undergo hip replacement removal surgery, be sure to notify both the surgeon and the hospital that the removed implant is to be given to you, not to DePuy.
Do not allow DePuy to take photographs during the surgery.
A DePuy representative may attempt to be present during the implant removal surgery itself. Be sure to ask your surgeon if the DePuy representative’s presence is absolutely necessary. You also have the right to request that the representative not be allowed to take photographs or videos during the surgery.
What Should I do if I receive a Letter from Broadspire?
In October 2010, Johnson & Johnson and Depuy Orthopaedics announced that it has retained Broadspire, a subsidiary of Crawford & Crawford, to allow patients implanted with the recalled DePuy ASR to have their out-of-pocket expenses and lost wages paid by DePuy. Broadspire has contacted thousands of ASR hip implant victims requesting that they sign medical authorization forms to obtain medical records that may then be turned over to DePuy.
If you receive a letter from Broadspire, it is imperative that you contact an experienced hip implant attorney and that you not sign any documents sent to you by Broadspire. By signing a medical authorization, you are allowing Broadspire and DePuy to have access to all your medical records and waive your right to medical privacy. Any medical records released to DePuy may be utilized during trial. If you are represented by an attorney, DePuy may only access your medical records through your attorney.
If you have already signed a medical authorization from Broadspire, you should contact an attorney immediately to ensure that your right to medical privacy is preserved. An experienced DePuy Hip Implant attorney can revoke or reject any previously signed medical authorization and make certain that all communication with Broadspire is conducted through the attorney.
Hiring an attorney will not affect any out-of-pocket or lost wages claims that you may be entitled to as an ASR hip implant victim. In fact, by hiring an attorney to negotiate the out-of-pocket expenses and lost wages that you have incurred, you may obtain greater compensation.
How Do I File a Hip Replacement Lawsuit?
The first step to filing a hip replacement lawsuit is to contact us by email. After you've contacted us with a request to file a lawsuit against DePuy for a defective ASR hip replacement, we will send a packet to you that includes a questionnaire, a letter of medical authorization, a letter of representation, and a contingency fee agreement. Contingency fee means that you will only have to pay us if your hip replacement recall lawsuit reaches a settlement or a verdict in your favor.
Throughout the entire process, our attorneys and staff will work with you to make sure you are kept informed of every development in your hip replacement lawsuit and that all of your questions are answered.
What Will Happen When I File a Hip Replacement Lawsuit?
When you file a hip replacement lawsuit, a process of gathering information and evidence about your case begins. This process is known as "discovery". During discovery, either party may obtain any information that relates to any issue in the lawsuit that is not privileged or protected. This process may involve written answers to questions that are called interrogatories, or statements taken under oath known as depositions.
In hip replacement cases, evidence subject to discovery might include medical records confirming that the hip implant you received is one subject to recall and other medical records that attest to any problems you have experienced with a defective hip implant. A significant number of hip replacement lawsuits have been settled out of court after the discovery process. In 2002, there was a $1.2 billion dollar class action settlement against defective Sulzer hip implants that our firm led the way in negotiating.
We Can Help You File a Hip Replacement Lawsuit
If you have received a defective DePuy ASR hip replacement, the law firm of Blizzard & Nabers can help you file a lawsuit to seek compensation for your injuries. For more than 25 years, our attorneys have successfully represented our clients and stood up for the rights of people harmed by defective medical devices. Our firm has achieved substantial verdicts and settlements for our clients. We have successfully tried cases all over the country in front of judges and juries.We are a nationwide law firm serving clients from all over the country. We handle all hip replacement related injury cases on a contingency basis.
To learn more, or for a free consultation with an experienced hip replacement attorney, please contact us by email or call us at 1-800-349-0127.