Exactly one month after DePuy Orthopedics announced that they were recalling about 93,000 ASR metal-on-metal hip implants due to the high risk that they may fail, a DePuy ASR hip recall class action lawsuit has been filed on behalf of all individuals who received the defective device.
The complaint was filed on September 24 in the U.S. District Court for the Southern District of Ohio, by plaintiffs Katheryn and Jonathan Bendel. The lawsuit seeks class action status to represent any individuals in the United States who received a DePuy ASR hip replacement, as well as their spouse.
The DePuy ASR class action suit is not specifically aimed at those who have experienced problems, but instead seeks to force DePuy to pay for necessary tests and medical monitoring that will be required for anyone who has one of the defective hip implants for the rest of their lives to check whether the hip replacement has failed.
Product liability lawyers investigating DePuy ASR lawsuits are providing free consultations and claim evaluations to help individuals who may be impacted by the recall understand their legal rights and determine whether their interests will be better served by pursuing an individual product liability lawsuits as opposed to only participating in a class action.
A DePuy ASR hip recall was issued on August 24, after DePuy Orthopaedics, a subsidiary of Johnson & Johnson, acknowledged that their metal-on-metal artificial hip system may be prone to fail within a few years after it is implanted. Data suggests that the DePuy ASR hip replacement failure rate is about 12% to 13% within five years, potentially resulting in pain and the need for additional hip surgery to replace the artificial hip. However, it is expected that the rate of problems may increase the longer the devices remain in place.