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Frequently Asked Questions and Answers

DePuy ASR Class Action Lawsuit

Question:

How do I join a DePuy ASR hip recall class action suit?

ANSWER:

A number of class action lawsuits, as well as hundreds of individual lawsuits over the DePuy ASR hip recall will be filed in courts throughout the United States. The DePuy ASR class action lawyers at Saiontz & Kirk, P.A. are providing free consultations to help individuals who received a metal-on-metal hip replacement since 2005 protect their legal rights.

To join the litigation and determine whether you, a friend or family member may be entitled to compensation as result of a recalled DePuy ASR hip implant, request a free claim evaluation with one of our lawyers.

DEPUY HIP REPLACEMENT CLASS ACTION VS. INDIVIDUAL INJURY LAWSUIT

Individuals who have received a hip replacement using a recalled DePuy ASR Hip Resurfacing Systems or DePuy ASR XL Acetabular Systems will be best served by filing an individual product liability lawsuit, as opposed to joining any class

DePuy ASR hip replacement class action suits are likely to focus on claims that can be applied to all individuals who received the implant, such as costs associated with medical monitoring and ensuring that the metal-on-metal hip implants do not lead to problems. However, through an individual injury lawsuit, people who received one of these defective hip replacements will be entitled to additional compensation for complications from the DePuy metal-on-metal hip replacement.

In August 2010, DePuy recalled 93,000 ASR metal hip implants, after data suggested that about one out of every 8 may fail within five years. However, more recent estimates suggest that substantially more of the DePuy hip replacements may fail. In September 2011, data from a British registry suggested that nearly 30% of ASR implants may fail within 6 years.

Tens of thousands of people could experience a DePuy ASR hip replacement failure, often requiring painful and risky revision surgery.

The DePuy ASR recall litigation remains in it’s early stages, but already courts throughout the United States are seeing a growing number of individual injury lawsuits filed on behalf of people who have experienced problems.

In December 2010, the U.S. Judicial Panel on Multidistrict Litigation decided to consolidate and centralize all federal DePuy ASR hip recall lawsuits filed in district courts throughout the United States. All cases have been assigned to U.S. District Judge David A. Katz in the U.S. District Court for the Northern District of Ohio. In addition, several state courts are likely to consolidate cases as a mass tort as well.

Although the individual DePuy hip injury suits have been consolidated for pretrial proceedings, which will allow discovery to be completed in a coordinated manner, the claims are not part of a DePuy ASR class action lawsuit. Each case remains an individual lawsuit and the recoveries will not be dependent on the outcome of one case, as they would be in a class action suit.

In federal court, if a DePuy ASR hip “class action” settlement is not reached during pretrial litigation, the cases may be remanded back to the state where they were originally filed for an individual trial.

CONTACT AN ATTORNEY ABOUT A LAWSUIT FOR DEPUY ASR HIP REPLACEMENTS

To make sure that your rights are protected and to join a lawsuit for the DePuy ASR hip recall, contact one of our attorneys today for a free consultation and claim evaluation. All cases are reviewed and handled on a contingency fee basis, which means that there are never any fees or expenses until a recovery is secured. If no money is received by our client, we receive no attorney fees or expenses.

>>REQUEST A FREE DEPUY ASR HIP RECALL CLASS ACTION CLAIM EVALUATION<<

UPDATED: November 19th, 2011 by Austin Kirk

51 Comments Add Your Comments

  1. Are there any class action lawsuits concerning knee replacements? I have had difficulty with mine for a long time and after approximately 7 years, it may have come loose.

    • Austin Kirk says:

      We are not currently investigating any lawsuits involving knees. We are investigating lawsuits for Zimmer NexGen knee replacements, but no DePuy cases at this time.

      The lawsuits that are the subject of this post involve recalled DePuy hip replacements.

  2. I am having a problem also,it feels like i never had a knee replaced,it hurts more now

  3. I had a knee relpacment on 1-4-2006. I have had nothing but problems with it now the doctor is telling it is a un sucessful replacement. The bone destiny test show that it is coming loose now. It is a Johnson & Johnson DePuy knee. I belive I be better off with no leg than the pain I go threw every day with my knee i have now.

  4. I would give anything to have my old knee back regardless of its condition campared to this artificial one. I went from 4 jobs to disabled after the replacement.

  5. WOW, I thought I was the only one that got a bad knee replacement. I had mine in 2005 and they had to go back in it again the same year because it would not work. Still can only get about 75% bend and will not even go striaght (6% from being straight} The pain sometimes is very bad. When Doc turned me lose went to another one and he said it was a bad knee and only way to fix was a knew one but I had such a bad time with the first one I am scard to do it. Also leg is shorter than the other now.

  6. TO James: If I was you I would go through that 2nd knee replacement, I had to and I was just like you had more pain after then before. Mind you I am not pain free all the time but it is not the joint it is the muscle, due to the lack of being able to do anything for almost 3 years with that old knee in there. What they found out on mine is there was a gap between the joint and where is should have been cemented to the bone …this showed up on a CT scan. I had my first replacement in May 2006 and just found out it to was a Depuy knee. I couldn’t walk up stairs or anything…now I can do that and alot more again… Finally had it replaced in January 2009 and was really scared to do it, but was the best move I could of made at that point…..So many extra expenses with having to do it again and lost wages…it really isn’t fair.

  7. Had my Depuy knee put in 2008…it failed in Jan,2011…I’ve read many. many testimonies about all these other folks who also have failed Depuy knee implants…how many does it take to get a class action lawsuit going????

  8. Are there any lawsuits concerning the DePuy Pinnacle hip replacements I filed a complaint with the FDA in October 2010
    Now I see there are numerous complaints coming in Ive had my replacement since 2005 and have been in constant pain since.

  9. I had my DePuy knee put in on 1/7/08. I have had nothing but problems and pain ever since. My surgeon told me it was perhaps “too big” for my limb. Too bad he didn’t figure that out before he put it in!

  10. As I read these comments I could have sworn they were talking about me. I’ve had nothing but severe pain since having my knee replacement. It feels like I have the worst toothache imaginable in my knee and lower half of my leg. Every step I take is pure agony. I used to be an extremely active person who loved to do so many things. Now I live my life in a chair, because any movement increases my pain to an almost unbearable level.

  11. I had a “Oxford” knee replacement, June of 2006, at first it was just wonderful, however, I could never get the full bend, even with constant excercise and stretching. But from the beginning I kept having pain outside the knee (in the back and sometimes in the lower-inside front). I went for my check-ups, of course there was nothing, and X-ray, and out. I had it reviewed at Mayo Clinic last June as I was having some concerns, they said that it was fine, some arthritis near the joint, but we would check it again this year. Two months ago, out of the blue it became extremely sore, started swelling and actually bruised from the inside out right on top of my knee, after returning to the doctor who did the surgery here in my hometown of Farmington, New Mex. he offered me shots, removal of fluids, and physical therapy, finalizing that I would eventually have to the knee replacement redone. I am very upset, as I have gotten so weak, my energy levels have really dropped, I am in constant pain, and it seems that there really isn’t an answer but to have another surgery. If you haven’t had the surgery you can’t even imagine how frightening it is! So, my advice, do not do this unless you absolutely can not walk. Five years of just a little better, is just not good enough!

  12. wow, this sounds just like me. i had the depuy rotating platform knee put in 12/6/10. biggest mistake of my life!!!!!! i am a 39 yr. old mother of 6. i am (was) an equestrian athlete, and a vet. tech. i am now totally disabled living on ssi and social security. i have been thru so many sessions of physical therepy, pain meds, etc…. i have even tried medical marijuana and oxycontin, nothing works. i am in pain constantly, night, day, walk, sleep, sitting, standing. i have even thought of amputation. i’m tired of being in pain. i have been to several doctors, they keep telling me its scarred tissue. i think they are full of bologna!!!!! can anyone out there tell me where i can find out if there is a recall? i do searches on it but all it says is the asr hip replacement.

  13. I had a DePuy knee replacement in 2007.I had a excellant surgeon but my knee will not bend. Sometimes my foot goes numb can”t step off a curb. Now I have made my other leg go bad by over using it. I can’t go through this surgury again it was so tramatic for me. Why can”t some lawyer start a class action there is so many of us that this has happen to.

  14. Kathleen says:

    I know what you mean. This will be my 3rd replacement. I have never had relief from the first time I had it done in 2006. I complained and complained that it hurt from the beginning, but the drs said nothing was wrong. Well, after falling and falling and being in so much pain, they checked and it had come loose. In January 2010, I had it replaced again. Same thing happened, now it has to be replaced again. This is insane! The pain is horrific. If they use the same DePuy equipment, I will have to be ready for a 4th time and I couldn’t take it!

  15. "Rocky" says:

    I RECEIVED MY 2ND TOTAL KNEE REPLACEMENT ON MAY 19, 2010. MU FIRST KNEE REPLACEMENT WAS IN JUNE OF 1999 AND WAS A STRYKER. THE SECOND REPLACEMENT WAS A J&J DEPUY. I HAVE HAD A TOTAL OF 23 KNEE SURGERIES FROM AN INJURY THAT I RECEIVED WHILE SERVING IN THE US NAVY FROM 1967-1971. SINCE MAY OF LAST YEAR I HAVE EXPERIENCED SEVERE KNEE PAIN AND SERIOUS BUCKLING AND GRINDING. THE BUCKLING HAS BECOME SO BAD THAT WHEN MY KNEE COLLAPSED IN JUNE, 2010 I BROKE SIX RIBS, PUNCTURING MY LUNGS AND HAD TO HAVE PART OF MY LUNG REMOVED. THE SURGERY FROM THIS LAST DEPUY KNEE HAS CAUSED ME MORE PAIN THAN ANYTHING I HAVE ENDURED IN THE LAST FORTY YEARS COMBINED. I WILL NOT UNDERGO ANOTHER CORRECTIVE KNEE SURGERY BECAUSE I WAS TOLD THIS LAST PROCEDURE WAS THE LAST SURGERY THAT I WOULD EVER NEED. NOW I AM TOLD THAT MY ONLY TWO OPTIONS IS TO DEARTICULATE MY LEG AT THE POINT ABOVE THE JOINT AND THE LAST OPTION IS TO HAVE MY LEFT KNEE FUSED PERMANENTLY.

  16. I had DePuy knee replacements….the patellar bearing broke 4 times….2 times in each knee….in five years :( six surgeries later….I am in more pain that I EVER was …and I am only 44 ….

  17. dorothy says:

    I got my total knee replacement in 2008 and never stopped having pain swelling and problems walking and standing for longer than a few minutes. I kept going back to my doctor, He kept telling me “it takes time to heal from this type of surgery”. I thought he knew what he was talking about, so I went on with the pain and problems until finally in 2010 I had enough and went to see him again and told him something isn’t right. He did a simple knee X-Ray and found that my hardware was loose. I had to have another total knee in 2010 and I am still in pain.

  18. I had my knee replaced july 13th 2009. I also had the same problems, knee pain from the start, my doctors said the same things (some times it takes a while to heal). After a year and a half of this same response I got a second opinon. The new doctor had to pull everything and replace it, He said the plastic parts were fraying and I had many particales in my knee.

  19. my knee gets hot and swells I cant even bend it with out pain.

  20. Had a Depuy RP-F knee replacement in 2008. Pain never went away, only got worse. Continued to return to the surgeon who continued to take Xrays and continued to tell me that the xrays looked fine. I moved to another state, saw a new doc. He did xrays and was highly suspicious of femoral loosening.And significant bone loss. Sent me for a bone scan which further confirmed his suspicion. He is sending me to another doc who specializes in revision surgery. Ihave been in pain for over 5 years. Have had to beg for pain meds. Now we are beginning to get to the bottom of this. Lawyers have begun gathering patients and info regarding the Depuy rotating RP-F (high flexion) implants and their high failure rates. I hope we are all at least compensated for what we have suffered while the DePuy folks just get richer and richer.

  21. Ive had nothing but problems with my knee ever since i had it replaced

  22. Is there concern over a statute of limitations? We received a letter from the company representing DePuy in December of last year. Of course, they didn’t MENTION anything like that. But I just wonder… Is this an issue? My husband had a hip replacement in 2006, and has only mild pain on walking right NOW. He is VERY hesitant to do anything legal. We live in NC. Do you know where we stand on this issue? thanks.

  23. I too had a DePuy RP knee replacement in Nov. 2009 – have had pain and swelling ever since. My knee also gives out on me. My doctor also took several x-rays and said everything looked good – I just need to exercise more. My new doctor says the knee appears to be loosening and there are bone fragments. I’m scheduled to have this knee replaced Nov. 2, 2011. aaaaaaaaahhhhhhhhhhhhh!!!!!!!!!!!!!!

  24. I’ve read every ones comment, and it was like evryone was right here in my house with me. My first surgery was done in October, 1999 by Stryker. The pain never stopped, just kept getting worse. Finally my primary care physician had a CT Scan done and saw that it was coming apart. July 2009, I had the second knee surgery on my left knee. Because the first one came loose, it caused my bone to chip off, so it had to be cut more and build up. I am told this was by J&J/Depuy. I’ve deloped infection, severe swelling, increased High Blood Pressure because the pain is soo bad. My doctor did another CT Scan and found that this one too has come apart, and I am scheduled for my third knee replacement on October 27,2011. It is not fair for us to continue to go throught this financial burden. When and Where does this stop?

  25. i had a super flex knee replaced in Dec 08 and had nothing but pain and swelling daily dr said everything is fine and been refered to a pain specialist all they give me in pain meds. i am now getting a stimulator to control the pain i cant work or even drive. i need a lawyer who is looking into depuy knee replacements.

  26. I had an Oxford knee implant put in the left knee and a year later had to have a total knee repalcement because the cement came loose leaving me with an unstable knee and excruciating pain. I had the total knee implant put in and it became infected. Is there a way to join lawsuit for the Biomet Oxford knee. I was told those knees last about ten years or more. I got a little bit of one year out of mine. The pain I endured was horrible. What options do I have? Seems like there should be a class action lawsuit out there for these kind of issues.

  27. I feel like I am in a post surgical support group. I had my knee replacement done 12 /2010. The pain never went away after surgery . I had the Dupuy knee replacement as well. I experience the 24/7 pain,swelling,and immobity others are having. I returned to the surgeon and he told me I was healing slower than others even though the physical therapist told me at 10 days post op I was way ahead of others. Was she filling me full of it or was the surgeon? I went for a second, third and fourth opinion. From may to August there is about a quarter of an inch on each side the implant was coming loose. Now in November the cement across the lower implant is almost all disappeared. It’s only been 11 months! He said the only thing holding it on is the cement where the post is resting. I am scheduled for revision on Jan 17,2012. I consulted an Attorney here in Michigan and he told me there is not anything going on with knee replacements.i was td it was not put in correctly on the first place. The attorney said these cases are very hard to prove. I had no idea there were so many of us suffering! I hope something will be done to help us.

  28. I had my revision surgery 4 days ago. The femoral component was substantially loose. Came out very easily. This was a DePuy RP F knee implant which was put it in June 2008. There was evidence of possible loosening on XRay at 6 months. As noted in my earlier post, my ortho kept telling me that everything looked fine…that I would never have a normal gait. I can understand a surgeon having a less than perfect day in surgery, but I can NOT condone their covering it up. I think about all of this as I once again go through all the painful physical therapy required to get through this thing. OR is the problem the device?

  29. I just came from the cardiologist to get clearance for surgery . After s discussing with him the need for revision after only one year and knowing who the surgeon is, he said he agreed with me it was surgery gone bad and the surgeon needs to give up his practice. It he wouldn’t comment on the record

  30. I had a total knee replacement in Jan 2009, I haave had nothing but trouble ever since. It has given out on me several times causing me to fall & injure my back. It stays swollen,with fever,aching all the time. It too was a Depuy, I dont know why something isnt being done about this.

  31. Depuy total knee done in sept 09 locks when trying to bend it Pain is constantly worsening. Stiffer than my own, original knee. I wish I never went along with it. My surgeon said it is due to inflammation and told me to come back in year!! I am a 60 year old Registered Nurse, still working 5 days a week and now in more pain than I had pre-surgery. Definately something wrong!!!

  32. I am in some what the same position as Kathleen (June 14 2011) the first one was broken loose and the second one the doctor said should not have been put in, it didn’t fit right .had an over hang that was causing all the problem. This last surgery was the most painfull. No one should have to go through all the pain after they have implants put in that you trusted to make you a different person,PAIN FREE.

  33. khadijah(K) says:

    i am so sorry to say this..but thank you all ,i am not alone!my agony started 12/16/10-also depuy.why do the docs make you feel like u r crazy-everything looks fine,give it time,oh thats normal.the pain and interuption of our lives is not normal.i am so depressed

  34. Had a rotating platform knee placed in 2007 and had to have it redone 2011. It still gives me trouble. I can be walking and it just gives way and I end up falling. My knee also hyperextends when I stand. There are also times when it feels like it is going to dislocated which is the reason that the second surgery was done. I’m an RN and work 12 hr. shifts and by the time I get off the pain is tremendous.

  35. I had the DePuy rotating platform replacement surgery in Aug of 2006. Recently I am experiencing alot of pain, stiffness, it feels like it is slippling. The pain and stuffness is just like before the surgery.

  36. I had my knee replacment in July 2009 and it has been nothing but severe pain, it was a Depuy knee. At times it is all I can do to walk. I was told I need to have my other knee replaced but the way this one has done I will never do it again.

  37. Browneyedgirl says:

    My husband has had 5 knee replacements with Depuy. 4 on one leg and one on the other from all stress caused from his other leg. he has been in constant pain, swelling, buckling. With each surgery they promised him it would be better…….he can’t sleep in our bed all night , ends up in the recliner, can’t work a full day and has since retired. He has filed for disability, but who knows……the dr. Has said he has to watch his back or WC won’t give him anymore business…….the firstvsurgerybwas the worst…..when they finally went in for his revision they found out the membrane had SHREDDED, he had been walking around for 8 months with shredded parts and they were telling him to break thru the scar tissue!!! his knee has never been right since and his first knee was the movable knee…..he is like an old man now.

  38. I had a Depuy rotating platform knee put in on November 2004. I have had pain, swelling, unstableness causing me to fall, can’t do steps or uneven ground, can’t get off a curb, can’t sleep at night. Weraing a brace etc. a nightmare. In 2009 I had a scope done and removed excessive scar tissue and had it maniuplated to bend easier. It helped for awhile. But, here it is August 2012 and I can’t walk on it, swelling pain, and waiting to see what my Work comp Doctors will do for me. I am at their mercy. I am so sick of being in pain and not able to do the things that I would like to do. Like live a normal life. I just turned 54 and I feel like I have a lot of living time left. I feel there must be something wrong with this device.

  39. where is the class action lawsuit for the depuy knee replacement? Does anyone know?

  40. I had a DePuy knee replacement in January 2011. I have had a lot of pain, swelling, redness and it became loose by the fourth month. Every time I take a step it feels like it pulls up & then pushes back in as I step. I have fallen several times. I have been to 3 different knee specialist and all 3 said I need revision surgery. I have since retired 5 years earlier than expected due to the knee. My job requires climbing, kneeling & a lot of physical movement. I am scheduled for revision surgery November 26th. The doctor is putting in a Striker knee replacement. Does anyone know if there has been any recall on the DePuy knee? With all these comments, one would think there was. Has anyone heard or know of the Striker Knee replacement & the results of that one?

  41. I Had the Depuy Total knee Sigma rotating platform. After almost a year,
    Still lots of pain. Can’t kneel,sit very long,get a full nights sleep,ect.

    Talked to another DR. He said he knew exactly what was wrong.
    The knee replacement was to large for my size bone.
    Have an appointment the 19th of Dec for x-rays and consultation.

  42. I have had four replacement surgerys on my left knee..it becomes worse everyime…on oct.26/2012 I suffered a locking up of the knee …fell and broke my leg…shattered my femur and was in trauma surgery for over four hours to save my leg…I still face the loss of my leg if the agressive therapy I am now in does not work…i was always in pain but was told by the doctor everything looked okay….if it was okay why did I fall more than five times and this last surgery was what I had to learn to live with…I am facing so much and feel there is no one out there that isn’t as mad as hell ..just like me…how much do you suck up because you are told you have to…there is nothing else can be done about the hardware in your leg…you have run out of options. well after all the knee replacement fell apart and tore your leg up so bad…a new one had to be put in place during my trauma surgery but I know already it is not working…I may loose my leg or be wheel chair bound…both of those options are so depressing and is taken toll om my mental well being. help!

  43. my wife had a depuy {sygma model} knee replacement performed in 2006. she has not had a day go by since without pain. six months after the surgery the surgeon had to go back in and clean out the knee because she had experienced a “sandy” like feeling in her knee. for quite a while her knee feels like it wants to dislocate and needs to wear a brace.she can’t live a normal lifestyle and wishes she never had the knee replaced. how many more victims of a greedy companies bottom line of profit are going to have to suffer?

  44. Had a Depuy PFC Sigma Rotating Platform knee in 2007 have pain when its bent on a bus or in a car and gets very stiff when standing or walking took a long time to heal doc. said everybody is different 6 months to get around that different would never tell what knee he put in would just say you got a good one i said what is a GOOD ONE AND HE WOULD GET MAD I also had a MANIPULATION about 2or3 months after surgery also i would tell him i have pain and stiffness and he would ignor me now after the last visit 1 month i saw another sergeon and he told me that the knee cap is loose causing the problems

  45. Browneyegirl says:

    Here we are 6 years and 5 knee relace placements with depuy. My update is my husband is no better. Still has pain, swelling. He walks with a cane wears braces/bandages on both knees 24/7. I see they settled in Australia class action lawsuit. We settled with WC, but you get nothing for pain and suffering and only a tenth of what you would get if you were still working. It’s disgusting what they are allowed to get away with. The worst is the constant pain and he has to feel ashamed to beg for pain meds…..just to try and live normal.

  46. Iread in the newspaper about the recall of DEPuy knee replacement: had my sergery almost 9 months ago andmy knee is still swollen.Is there a recall or what,or is it just the hip replacement?

  47. What is the cutoff for filing and getting attorney. I have been having
    issues with pain for years.
    I had a hip replacement approx. 7 yrs ago

    • Austin Kirk says:

      @John – Every legal claim does have a statute of limitations, or deadline, which requires that the case be filed on or before a certain date. In a situation like this, an individual determination of the potential deadline or cut-off for presenting a claim will require a case-specific evaluation. Based on your comments, it does not appear that you have yet had your hip removed or revised, so it is likely that you still have additional time to present a claim. Call our office at (800) 522-0102 or submit a request for a consultation.

  48. I had BTKR 12-31-13 , using depuy platform knee
    I have never taken more than aspirin through 5 Shoulder surgeries and 2 knee surgeries. These knees have not stopped grinding pain as well as buckling. I have had X-rays and my OS said it was normal. I am reading your posts. I have never been so happy to hear these people that have had the same experience. My Dr. Said he has never heard anyone say they had painful grinding. Hmmmj
    They must do something about these knees I don’t think I can make it for years with these. I am 48 and now walk like I am 100 and had pain prior to surgery, now constant pain

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