Who Can File a DePuy Hip Lawsuit?

There have been approximately 37,000 DePuy ASR hip implants distributed in the US. Any recipient of this particular implant may file a DePuy hip lawsuit.
DePuy hip lawsuits have been consolidated into an Ohio court where pretrial proceedings are underway. US District Judge David Katz of Toledo, Ohio has been appointed as the presiding judge.
Individuals who wish to join the multidistrict litigation (MDL) should have their DePuy hip case evaluated by an experienced lawyer in order to file a suit in the federal court. It has been indicated by Judge Katz that cases filed in certain state courts may also join the multidistrict litigation.
The DePuy hip cited in the suits is known as the ASR. It is a metal-on-metal design. It is a full hip implant system and has been implanted into over 90,000 patients throughout the world since its introduction in 2005. Complaints were made known regarding the DePuy ASR hip as early as 2008, but the DePuy hip recall did not occur until August 2010. The recall was in response to a study that concluded that 12 to 13% of patients in receipt of the ASR DePuy hip needed a second surgery or revision surgery within 5 years of the first. (Studies following this initial attempt indicate even higher failure rates).
Recipients of the ASR DePuy hip implant expected their device to last anywhere from 15 to 20 years so the 5 year failure rate is a drastic decrease in the expected (and advertised) life of the product.
Next of kin are eligible to file a lawsuit on behalf of individuals who received the implant, but passed away prior to filing a claim. The next of kin would be eligible to receive punitive/compensatory damages for any expenses that arose out of the required care of the DePuy ASR patient.
DePuy hip litigation has not yet been affected by the statutes of limitations. In the majority of states patients have 2 to 3 years in which to file a lawsuit after the “discovery” of wrongdoing.

Are DePuy Hip Complications Required to File a DePuy Hip Lawsuit?

Individuals who received the ASR DePuy hip implant, but have had no complications that they are aware of may still be eligible to file a DePuy hip lawsuit. Side effects may not present for years. Recipients of the DePuy ASR hip may even be experiencing the early stages of metallosis with no knowledge of the problem. Because of the possibility that damage may be occurring unbeknownst to the patient, all ASR recipients are encouraged to discuss the recall of the hip device with their physician. If hip revision surgery is determined a necessary action the patient should verify that the DePuy ASR device is intact and functioning in case a lawsuit needs to be filed in the future.
200 cases have been consolidated in the DePuy MDL in Ohio so far. Experts have speculated that the number will continue to escalate over 1,000 and that every plaintiff will most likely be eligible to be awarded millions in damages.