DePuy ASR Hip Settlement
How much will I receive to settle a DePuy ASR injury suit?
Although a growing number of DePuy ASR hip lawsuits are being filed by people throughout the country against DePuy Orthopaedics and its parent company, Johnson & Johnson, the litigation over the metal-on-metal hip implant is still in the early stages and there have not been any reported DePuy ASR hip replacement settlements.
DePuy has indicated that will consider reimbursement for certain expenses that they deem reasonable, but it appears individuals will have to sign over important rights to secure this minimal compensation. In addition, those who require additional treatment and surgery as a result of DePuy ASR hip replacement problems may be entitled to receive substantially more money to settle their claim than the manufacturer has indicating they will pay at this time. Such compensation may include payment for past and future medical treatment, lost wages and non-economic damages like pain and suffering.
There are a number of factors that will go into determining the amount of any DePuy ASR hip replacement settlement that is awarded based on the individual circumstances of each case. There is no “set” amount of money that will properly compensate all injuries, as each person has suffered different damages as a result of the recall and experienced different problems.
Any negotiation to settle DePuy ASR suits will be based on what a jury is likely to award in each case. If the lawsuits proceeds to trial, a jury will take into account the nature of the claimed injury in each case, the severity of the damage and the economic impact of the DePuy ASR injury.
In determining the amount of non-economic damages for a DePuy metal hip replacement lawsuit, the following are some of the common factors that a jury may consider:
- The extent and duration of the injury suffered;
- The effect that the DePuy ASR hip injury had on the overall physical and mental health or well-being of the plaintiff;
- The pain and mental anguish suffered in the past and which will likely be suffered in the future;
- The extent of any disfigurement or scarring caused by defective DePuy ASR hip implants or their removal;
- The amount of any past or future medical expenses caused by DePuy metal-on-metal hip implants;
- Any lost wages or loss of earning capacity.
The DePuy ASR hip lawyers at Saiontz & Kirk, P.A. believe that thousands of individuals throughout the United States are likely to bring claims as a result of problems caused by a recalled DePuy ASR hip replacement.
In December 2010, the U.S. Judicial Panel on Multidistrict Litigation consolidated all federal DePuy ASR hip injury suits for pretrial proceedings, which will promote the efficient handling of these cases and may help facilitate a settlement agreement. Similar consolidated proceedings are likely to be formed in some state courts where a number of cases are filed.
If the manufacturer does not settle DePuy ASR lawsuits during pretrial litigation, a handful of claims will likely be selected for early trials, known as “bellwether” cases. These lawsuits will help the parties gauge the strengths and weaknesses of the cases. The testimony and evidence introduced in bellwether cases is likely to be similar to what will presented in other cases, and such trials often help the parties negotiate an agreement to settle other lawsuits.
DEPUY ASR SETTLEMENT LAWYERS
The attorneys at Saiontz & Kirk, P.A. provide free consultations and claim evaluations to help individuals determine whether they may be entitled compensation through a DePuy ASR lawsuit settlement. All claims are pursued through a contingency fee, which means that there you pay no attorney fees or expenses unless we secure compensation for your injury from the DePuy ASR hip replacement.
To review a potential case for yourself, a friend or family member, complete an on-line submission or call toll free 1 (800) 522-0102.
I had a hip replacement on 3/07 after 2 yrs I was in alot of pain was limbing was missing work and taking pain pills daily and on 6/10 I had a revision I had a DePuy ASR Hip System.
It isn’t just the DePuy hips that have the problem. I have a Biomet hip which is nearly identical to the DePuy hip and like many others, I have the same symptoms. I have had three years with PAIN being the guiding force behind every thought every day. I can find no info on Biomet recalls for this current problem, which appears to be a form of cobalt poisoning.
@sol – You are right, it appears likely that these problems are not limited to the recalled DePuy ASR hip implant.
Our law firm is also investigating and reviewing potential metal-on-metal hip replacement lawsuits to determine whether settlement benefits may be available for similar problems associated with other metal hip replacements.
I not only have a recalled hip, and befor I was told it was being recalled. I went thrugh shots in the back to determin where my pain was comeing from, then I went through back surgery whitch didn`t help. Then I get a call from my doctor about the recall. thanks alot for dragin your feet .If they were a little sooner might could have saved me a back surgery, whitch was for nothing
1/15/04 total r-hip Biomet Metal-on-Metal (M2A) , 8/18/05 again becuse the shell rotated 90 degrees toward the ingrowing , Biomet made me a custom prosthesis and during the operation the custom prosthesis would not fit so they put in a used -70mm cup , now I still have pain , the poping noise is back I can feel the ball make contact around around the outer edge of the cup and everybody got paid $ .
May 2006 total r-hip DuPuy metal on metal followed by increasing pain, saw 2 other orthopedic doctors, pain continued to worsen, could hear audible ‘click’ , back to original surgeon, August 2008 r-hip surgery to remove bone spurs that developed from ‘trauma’ from original implant surgery with a dose of radiation to ‘prevent’ regrowth of bone spurs, pain continued to worsen, revision surgery to r-hip March 2009, followed by approximately 1& 1/2 years for pain to subside. Feel like I lost about 4 & 1/2 yrs. of my life. Could hardly believe it when I read articles describing exactly what I’d been experiencing & yes, I’ve definitely obtained legal representation regarding my implant.
I am scheduled for total hip replacement on March 29th. Finally got hold of the nurse today to make sure they did not use Depuy replacements. She told me no they would use Biomed and told me it was completely safe. Now i am wondering and afraid to have it done. In Jan 05 I broke my hip. The Dr.in my one horse town used screws to put it back together. Been in chronic constant pain every since. Never a day where I don’t have to live on pain pills and yes even the popping noise and the going down on me without notice. Did either company make these kind of screws by chance??? What do you feel I should have done about the replacement. I just turned 59 and was 53 when I fell..Took 10 yrs off my life with the pain.
May 2006 had the right hip done and 3 months later, the left. Both were the ASR product. Some of the symptoms I’ve experienced from the cobalt/chromium toxic levels are severe headaches & nausea, ringing in ears, fatigue as well as cognitive functions and memory are impaired just to name a few. I have been off work due to these symptoms since November. Started looking for answers from my primary care doc and she put me through multiple tests and couldn’t find anything concrete. Now dealing with specialists. Half way through this process I was informed of the recall. Neuro and Toxicology state that my symptoms are due in part to the toxins and partly to the anxiety of two more surgeries. Depression has creeped in due to the long time frame and lack of any real answers. In the meantime, because it took months to verify the root of the problem, disability was denied and they are not recognizing the effects of this unknown world of cobalt/chromium toxins from inside the body. Now my employer has sent my records to the ‘legal dept’ to justify my leave. I appealed my short term case after receiving documentation from my neurologist and Toxicologist saying I am unable to work and they still denied my benefits. They said it didn’t seem to be an ‘emergent situation’ because surgeries were scheduled out 2 mo. Imagine the ortho dept booked solid for months out. Now try to schedule the 95 patients with ASR into the already solid schedule. Unless your leg is in danger of falling off, it is not considered ‘emergent’ and all they could do was medicate me until I have the surgery. Anyone else having same issues?
Thanks for listening. Good to speak with others dealing with same.
I think all of us ASR victims are in for a long haul when it comes to justice and help. Mine was put in left leg in June-09 and I’ve since learned the meaning of “pain tolerance”. Like many others I’m sure, I’ve been denied disability, lost my job, and suffer bad pain each day. No money for pain meds, no insurance, little hope of finding work from home… If my better half had not found work again (she had to quit back in 2009 to take care of me) I would be sleeping in a tent somewhere. I can only say to my fellow brothers and sisters, hang on and be strong. Every day I read on the net about J&J putting money aside for our lawsuits. Around 1.3 billion at last count. I had a blood test for the metal about 4 months ago and x-rays too. Doc said all was ok, for now, were his exact words. My leg, hip, and back ache with sharp pains daily. Not ok in my definition. I want this product out now, but like many, have to wait until my leg is falling off. I hope we can all find peace soon. Good luck to us all.
I received a full right hip replacement in Jan of 2006. I have never achieved any consistent “gait” post surgically . I have many of the symptoms of chromium.cobalt poisoning.My right leg wil suddenly just drop out from underneath me w/ no warning at times . I have the almost exact same sensation now as I did prior to surgery. the grinding and it catches like it is hung up on something and sticks for a few moments stuck in one position. i know i probably need revisional surgery but am obviously am in no position to get it at the moment.I am on unemployment and am not entitled to the medical assistance here in Phoenix Az . ( i make 55 dollars a month too much on unemployment – ya hard to imagine at less than 1000.00 a month) If anyone knows of any way i can at least get checked for the metal poisoning and possibly the condition of the prosthetic please email me. i am desperate. I am in pain can’t work like this and am 50 years old. My retirement looks like it will be spent living under a bridge in one of the washes here in Phoenix if can’t find some help somewhere so I can resume my life as a productive member of society.
I fired my current law firm because they are looking at 2 to 3 years for anything at all to happen. They are unable to assist me in finding a doctor to provide the needed tests to get any medical documentation. now that i have no insurance to support my claim which i know is valid they obviously don’t care i am just another name in the hat. Thanks johnson & johnson and thanks depuy, you were supposed to give me my life back.
Glad to find I am not the only one struggling with this problem. Walking is everything when it comes to daily living and functioning normally.
Reading the other comments made me feel not so alone.
My experiences are similar to Rick’s. The original ASR was installed 9/9/09 with symptoms immediately thereafter, before I even knew I had an ASR system or there was a problem with them. A pain specialist swore it was coming out of my back so a couple of injections and a back surgery later, nothing helped. I recently had the ASR removed and replaced with a Pinnacle system (porcelain on plastic) but it’s really too soon to tell if that is going to give me relief or not. Reimbursement for expenses is another matter, what J/J advertises and what Broadspire are doing are two different things, this is going to be a long, drawn out fight
I just left the emergency room yesterday. I have had sevier thigh pain for months now. the doc that put the ASR in says nothing wrong. but I have gone from pain to not being able to bear weight and walk. I have laid here and cried all day. I tried to get a new doctor to look at it and no one in Knoxville TN will touch what another doc has done. I feel so helpless right now. I do not like the Doctor that did this surgery. So not only am i dealing with months of terrible pain and rock hard thigh muscles, now no one else will touch me. I sypathize with all of you who are depressed and upset about this. I am 53 and just want my life pain free. I lay here feeling like I am slowly dying. Now it looks like I will have to travel out of the area to get a redo.. If anyone is out there who knows a revision doc please let me know. God bless you all, I know what you are suffering with.
Because of this hip …
I’ve had years of severe pain,
it forced me to retire early, (I’m a contractor) and after the surgery I
was unable to perform at my business any longer.
There has not been a day that has gone by since that surgery where I have gone pain free…It’s destroyed me in my business and has ruined my daily living.
It really helps to read, share, express and vent about the ordeals we all have been dealt from entrusting to be implanted by Johnson & Johnson’s Depuy hip system. August 13, 2008 I had my left hip replaced with the ASR sytem. One month afterwards in therapy I wasn’t able to lift the leg as therapist felt I should be as with making any progress with rehabilitation. A followup back to the surgeon I was told from x-rays that I had bone ossification and revision surgery would have to be done to correct it or I’d have to live with it. This is where all of my problems began. I was to have revision surgery August/10 to correct this (by cutting the bone spurs that now I feel wasn’t the problem. It was and still is the ASR system. I was told that a small dose of radiation would have to be done to prevent excess bone from returning. Now, it all doesn’t make any sense. When I found out from my surgeon that I had a recalled hip I “lost it” cancelled the revision and didn’t contact him until I was mentally able to talk to him “decently”. Before hand other choice words may have been shared. My right hip collasped so I had no choice but to get it replaced immediately Nov/10. It was replaced with a ceramic type and not Depuy ASR. Now, I’m dealing with 8,6 or cobalt poisoning in my bloodstream and that is indeed dangerous and detremental to my health. So, I returned and told the surgeon the system is coming out. Also, I shared I would NOT be taking anymore radiatiion because the small dose that I was told I needed drained me, burned me, shrunk me and now I feel I didn’t need it in the first place. I have as of last August consulted legal advice because it is really ashame that all of us dealing with this ordeal should have to. August 13, 2011 is my scheduled revision date. For now, I limp, have to go up steps sideways, back pain because one leg is longer than the other, on Oxycodones religiously and my lifestyle has changed, been so deeply affected by this faulty hip system and I don’t care how long it takes……Depuy is liable and will have to take and “will” totall responsibility for neglegence done to me.
Knoxville, try Dr. Naduad at Knoxville Orthopedic Clinic, he uses Depuy products, he put the Pinnacle Hip metal on metal on me and I have had 7 revisions in Ky. Try Dr. Naduad because he probably will have the knowledge of Depuy products and can revise you and if he doesn’t then try your major cities with a great orthopedic program like Duke and Chalotte NC..Hope this helps.
my wife had revison due to high cobalt levels, almost died. Fought to get the hip removed. Had revision . Five months later still sick, not as bad but getting there. In need of treatments for the blood poisoning, no one wants to see her. One doctor may help. Depuy must pay forever for this horrible thing they have done to my wife and others.
You are not alone Andrea, and I am so sorry for your circumstance. My wife had hip done 7/06 complained from the onset about the groin, the groin, the groin amongst everything else. You name it she’s had it. Chromium and Cobalt levels were 200 times the norm until her “revision” in 8/11. She now has hives that won’t go away and guess what……..the groin pain is still there, just to name a couple. Too many things to discuss but DJ is right, they ruined our lives ( especially my wifes) for the last 5′ years and I don’t see any light at the end of the tunnel anytime soon.
my hip dislocated 5 time thats 5 trips to the er. i also became addicted to oxys. since then i ve had it revised, its bee in 11 months.
I am sitting next to my wife’s bed in the hospital right now. She is 53 and had a DePuy ASR implant in May 2005. She has suffered the entire time. Her cobalt and cromium levels are off the charts. The doctors went in on Tuesday, Nov 8 only to find the entire joint area was completely black from all the metal residue in the surrounding tissue. They discovered what they believe could be an infection and stopped the surgery mid way to clean out the area and asses the tissue samples. She is now laying here with a 6 inch gap between the pelvis and femur. The pain when she moves is unbearable and we don’t know when she will be able to have the remaining part of the surgery completed.
We contracted an attorney immediately after the recall was issued. The careless, money-grubbing idiots at DePuy owe her a lot more than just a new joint. This company (including Johnson & Johnson) must be sued until they are completely out of business.
As I was shortly due to retire I had a De Puy ASR hip replacement in January 2010 via my Company medical scheme though I did not know it was a De Puy unit at that time. I was never really pain free but in January 2011 the pain became so severe that I was ‘popping’ pain killers almost hourly. Went to several doctors, including the one who operated originally, and they all diagnosed the problem as a trapped sciatic nerve or ‘Periformis Syndrome’. Painkillers, steroids and physiotherapy were prescribed but nothing worked.
It was not until June 2010 that another doctor carried out blood test and a metal reduction MRI scan which identified the problem as being related to my De Puy ASR hip. In addition to the constant pain I had, by this time, also developed ‘Foot Drop’ which prevented me from driving.
I eventually managed to have revision surgery to replace the De Puy ASR hip in March of this year but by then there had been so much soft tissue, muscle and nerve damage that I am now permanently disabled. The ‘Foot Drop’ is also permanent which prevents me from driving a normal car and I cannot afford to buy a specially adapted car so I am now a prisoner in my home unless I can get someone to take me out.
All my post-retirement plans have been blown to hell and I have nothing to look forward to except a life of continuing pain and isolation. I engaged lawyers nearly 9 months ago but De Puy have made no offer of compensation so it looks like being a long haul through the courts. I’ll probably be dead before they settle.
im 50 yr,s old iv had 4 hip replacments on my right and 3 on my left my last hip was a steel on steel and hurts all the time i cant work no more
I already have an lawyer but I want everyone to know I had 2 hip replacements & before the recall I was at the hospital several times with bad pain in the left hip,then after I receieved an letter I was told the left side had to be done right away,than I went in an nurseing home,then infection sit in & I had to get the left side done again 30 days later & come home with an IV pick,then the right side needed done over,than the cobalt level was high in my bloodstream & back to the hospital for blood,my Dad almost died in another state I could not visit because of being in the hospital myself. It has been almost 1 year this time I still am in PT can only walk with the walker,I can no longer work,had no money coming in ,had to go on food stamps the first time in my life,I cannot drive,I have to get someone to get me grocerys. If you all knew those hips were bad you should have to pay alot. I also had to ask people for help.So I had an total of 3 hip replacements on the left & 2 on the right.I am only 49 years old.I am in pain all the time.Someone should have to pay dearly for all the problems you have caused,It is no laughing matter! You people should be ashamed of your seleves for everything you put people through.My life will never be the same.
Just finished rehabing from my revision hip surgury on my left side in mid october 2011 only to find out now I need a total hip replacemrnt and knee replacement on my right side. i believe this happened because since 2007 after my first surgury I was limping due to the pain my asr caused me, my right leg is actually deformed now, Im 47 years old and feel like an old man. Has anyone received any reinbursement from broadspire for doctors visits and meds? I would appreciate any insight anyone can provide me with. thanks
I had the replacement in 09 and have developed some pretty serious issues that has lead to alot of pain, suffering, cannot work, stand or sit very long at all. it is the metal on metal hip and I have recently been having alot of neurogical issues with my eyes and such that they are saying could be related to this metal on metal hip and some blood issues caused from it…Im very concerned and kinda knew there was something wrong as its caused me back issues, which is also going to lead to surgery now and again, lots of pain, discomfort, and alot of stress…I am just shocked and beside myself right now even thinking about having to go through another procedure and the whole process. I dont know what to do right now and any suggestions on getting legal consultation and such would be greatly appreciated. I dont know any direction to go right now as I am just really beside myself and worried…..what is this legal stuff about and is there some lawsuit in regards to this? does this happen to force them to cover medical expenses, another surgery and such as I dont even have insurance right now for any of this? is there compensation involved for al of this negligence and suffering? this is crazy and Im not even sure any type of compensation makes me feel any better knowing whats to come of all this…..pretty uptight about this for sure as I could not wait to finally have no hip pain after years of it with leg perthes…get them to finally do it, get it done and feel great for 8 months and then back to huriing and now things being overall worse then before it was done to being with.
I received a biomet m 2 magmum th 05/2010. Great for 3 months. Then for reasons unknown was placed on blood pressure meds. Then my ears would ring terribly. The pain is awful and my memory is pretty well gone. I am now 43 years old. I have had so many problems that were unexsplainable I thought I was loosing my mind. Now being made aware of the mom hips causing poising and researching problems / symptoms it was like I nesrly fell over. It all made sence. I see my regular dr every month because he has to monitor the large amounts of paind meds I must take everyday just to be able to walk. I have continualy talked with him about my wide awray of problems for 2 plus years. He had no idea what could be wrong though I know he was concerned. I honestly believe he is close to dropping me as a patient because I make no sence in all the differnt problems. Depression has set in and I fill like my life is worthless. If this hip did indeed create my life being ruined I will never give up untill biomet takes responsibility.
I have been reading everyone’s posts regarding their ASR hips, and it pains me to hear how many relatively young people are suffering so much as a result of receiving one of these prostheses. As a relative oldster of 76 years and always pretty active, I hope that my experiences with this problem will add a little hope to those in despair and guide others to take the action required to obtain the best outcome possible. I’ll try to keep it short.
I had a left THR in August 2009 after 5 painful years with an undiagnosed hip cyst, but ironically the prosthesis turned to be one of the last ASRs implanted pior to the re-call.
The pain improved for the first 6 weeks and I was walking well, but then it got very much worse. When told I was overdoing it, I stopped all walking, but pain continued relentlessly.
I could barely walk even using potent pain pills and lost many months of consultancy work.
In late 2010 the surgeon informed me that I had an ASR, which sort of explained everything.
Broadspire acting for Dupuy authorized a blood test, which was supposedly OK, but they wanted a release to be signed. I refused due to the limited recompense offered. Glad I did.
A new surgeon recommended revision as the only way to end the pain and also athroscopy of the right hip to repair damage caused by the all the limping. This occurred in March 2011.
I insisted on getting the explant into my posession, despite Dupuy’s efforts otherwise. These components have been analyzed and they exhibit clear evidence of the the basic problems.
The new components are an Oxinium ball in a highly crossed-linked plastic acetabular cup.
I’m pleased to report that after 10 months the pain is almost gone for the first time in seven years, and I’m back to walking and cycling many miles a week. In order to cover ourselves due to the risk of the repeated surgeries it seemed wise at the time to join an MDL lawsuit. We will see where that goes, but we certainly didn’t deserve to have all this aggravation!
Hope this will help.
had total hip replacemen6 on 9-25-08 3-15-09 had a stroke,just wondering if anyone else had a stroke after having the depuy asr 94 implant,implanted,thee good news is on 1-1-12 the hip completely failed and i fell to the ground,so i fractured the hip and finally got thatlethal piece removed from my body .at least i no longer have tose metal particals floating around in my blood stream. would appreciate if any one else had A STREOKE SINCE HAVING THE ASR IMPLANTED
ok 1st off im a bad speller, for that im sorry. 8/04- i had the left hipdone, then 2 weeks later the right was put in. both are pinnacle metal on metal and depuy. i did git my disabily on my 1st try. because of the 2 new hip’s. i have these symtoms..both hips can at anytime drop out from undernneath me. with out no warning.makeing me fall to the floor more times then i can count. my legs and hips do sweel,i have a bad limp, walk with a cain.in pain 24/7,difficuity walking,standing, are sit in down.. im 46 and i have to use a cain, cant sleep formore then 4 hours at a time.i have a lay on my left till i cant stand it, and flip to the right side.back and forth all the time. my legs, hips,growen, back acke with sharp pain.the more i do, the more i will pay for it. even the pain pill’s dont help.for the past 8 years i have to stay at home. are in the bed. my 2 hips was put in in KY., im now in TN. .i have seen a new hip doc. at vandy.in the paper work they make you feel out. i said my re-called hips was given me all kinds of hell..they made a few x-rays. the doc. walked into the room said my hips was not re-calld, and the x-rays was ok. and walked out of the room. i now have to find a new doc. to see what they’ll say.. can one just tell them you want and need the hips redone..i also have popping and grindind sounds from mt hips.. i just need the pain to stop,,,8 years of on going pain can about drive one mad…my lawyer has told me that they have been re-called.. i hope that Deput has to pay eack one of us for each hip that one has.. they need to make a very big settlement .. Will in TN.
I just had my 4th hip replacement on my left side, I had recieved 2 biomet hips causing the revisions, at the time I had no idea of the recall,
I did just contact biomat and found out that they are settleing cases right now out of court and they are collecting information from people who wish to settle. I am only 35 and like I said 4 hips in 5 years I have been off work for 4 years, high cobalt levels, metal all around the hip, basically the same story as everyone else, I also can’t have another baby because of it. good luck to all, i start the settlement debate next week where we will try and agree on a number, they are trying to do this quickly and quietly..
@Stacy: I would strongly caution against direct contact with Biomet (or any artificial hip implant maker) without first speaking with an attorney to make sure you fully understand your legal rights and the impact such contact and discussions may have on your case. In our experience, while manufacturers may indicate an intention to “settle”, they ultimately fail to offer anything close to reasonable compensation during such early discussion and are primarily attempting to obtain information and documents that they would not otherwise have access to at this time. Such direct contact without consulting an attorney could greatly diminish the overall value of your case and the amount of compensation you are ultimately able to obtain. Please feel free to contact me if you wish to review this further.
Austin Kirk
(800) 522-0102
UPDATE:2006- “Depuy pays 84 million in fines for paying off doctors to use hip”. There is a list if you google it. You can see if your doc is on the list. Ours is and I wanna know from my attorney how that impacts our case. BTW, I forgot to mention the cancer my wife got in April 2010 and had to wait over a year to get the revision. Imagine these scum doctors take an oath? I call it the HYPOCRITE OATH! Good luck all and hang in there because they will pay thru the nose for this, if I have anything to say about it. And please DO NOT sign or settle with out a competent attorney, if you can find one.
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I have just read all the testimonys’ and heartwrenching and physical pain that so many describe. I also had hip metal on metal thr June 2010. I have been in pain and I just recievied the blood tests for cobalt and chromium levels in my blood and it is extremely high. I’m coming trying to get this hip revised but it seems that many orthopedic surgeons are not knowledgable on how to help those of us that want and need the qualified care. At this point of my remarks to you ……I will write again.