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