A World of Hurt: DePuy Hip Lawsuits Span Globe

British orthopedist Dr. Antoni Nargol considers himself a former advocate of DePuy hip implants. In 2004 he believed that the DePuy A.S.R. (Articular Surface Replacement) performed better and longer than similar devices on the market. Today he believes differently. Nargol was quoted in a recent article in the New York Times as saying he has noted that more than twenty percent of A.S.R. hip replacements now require revision surgery. It is entirely possible that this number will grow as high as 30 percent in the U.K.

DePuy Lawsuits Keeping Step with Complications

Early in 2010, an industry watchdog group reported a 5-year failure rate of 12 to 13 percent for DePuy hip implants. The latest numbers from the U.K. are far higher, which suggests the problem may be far larger than anyone could have predicted. More than 90,000 people around the world have received ASR devices, and more than 30,000 of those were implanted in the United States.
News of this staggeringly high failure rate has spread quickly, and so, too, have the lawsuits against DePuy. Patients around the world are stepping forward to voice their complaints of serious hip complications, take legal action, and pursue just compensation from the manufacturer of the faulty implant.

DePuy Settlements Sought

On December 13, 2010, a Canadian law firm declared its intention to file a class-action lawsuit against DePuy Orthopaedics, a division of corporate giant Johnson & Johnson. Their suit will seek to ensure that the hundreds, possibly thousands, of Canadian citizens affected by the defective device will receive compensation. The firm insists that the class-action suit against DePuy is not simply interested in obtaining damages from the defendant, but that the intention is also to “ensure that the manufacturers recognize the seriousness of their actions and behave responsibly in the future.” The aggressive stance taken by the law firm may persuade DePuy to agree on a settlement rather than embark on a drawn-out litigation process.
Several other lawsuits against DePuy and Johnson & Johnson are also pending. According to the New York Times, Dr. Nargol is currently consulting British attorneys who have also begun litigation against DePuy.
In the United States, a class-action lawsuit was initiated in September 2010, following just weeks behind DePuy’s announcement of a recall for its ASR devices. This lawsuit differs, however, in that it seeks only to claim compensation from DePuy for the necessary tests and observation which will determine for each hip implant recipient whether revision surgery is needed.
In the months since, hundreds of people who received a DePuy hip implant in the United States have had to come to terms with the fact that they were the recipients of a flawed device. Time will tell whether a landmark class-action lawsuit against DePuy will come before a judge in the U.S. courts, or if a considerable DePuy settlement will first be announced.