How Long Will It Take to Settle a DePuy ASR Injury Suit?



More than 10,000 people throughout the United States have filed a DePuy ASR hip lawsuit after experiencing problems with the recalled metal-on-metal hip implant. The first cases against DePuy Orthopaedics and it’s parent company, Johnson & Johnson, are scheduled to reach trial during 2013 and it appears increasingly likely that the manufacturer will attempt to settle DePuy ASR hip claims to avoid a large number of trial dates throughout the country.

Please note that the lawyers at Saiontz & Kirk, P.A. are no longer taking on new cases involving DePuy ASR Hip Replacements. The content on this page is provided for informational purposes only.

Shortly after the recall, DePuy indicated that it would consider reimbursement for certain expenses that they deem reasonable, but individuals were forced 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.

In August 2012, it was reported that the manufacturer reached what is believed to be the first agreement to settle a DePuy ASR lawsuit, resolving a case brought by three people in Nevada state court, which was scheduled to be the first trial in the United States beginning in December 2012. Additional state court cases are scheduled for trial to begin in early 2013, with a series of “bellwether” cases scheduled in federal court beginning in May and July 2013.

The outcome of these early DePuy ASR trials is often helpful in allowing the parties to gauge how juries are likely to respond to evidence that will likely be offered throughout many of the lawsuits. However, it is also possible that DePuy and Johnson & Johnson will never let a case reach a jury, instead electing to settle DePuy ASR lawsuits to avoid trial.


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 attorneys at Saiontz & Kirk, P.A. were previously providing 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.

New cases are no longer being accepted by Saiontz & Kirk, P.A. This page is maintained for informational purposes only.

Austin Kirk

Last Updated January 21, 2013

64 Comments • Add Your Comments

  • Alphonse says:

    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.

    Posted on October 19, 2010 at 3:34 pm

  • sol says:

    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.

    Posted on November 6, 2010 at 6:51 pm

    • Austin Kirk says:

      @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.

      Posted on December 6, 2010 at 3:18 pm

  • Rick says:

    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

    Posted on December 16, 2010 at 12:46 pm

  • Zenon says:

    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 $ .

    Posted on December 20, 2010 at 2:39 pm

  • Patty says:

    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.

    Posted on January 4, 2011 at 11:35 pm

  • Janice says:

    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 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.

    Posted on February 18, 2011 at 4:05 am

  • C.j. says:

    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.

    Posted on February 27, 2011 at 6:54 pm

  • B.S. says:

    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.

    Posted on May 25, 2011 at 1:57 pm

  • Andrea says:

    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.

    Posted on May 31, 2011 at 3:32 pm

  • Ron says:

    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

    Posted on June 10, 2011 at 3:04 pm

  • TJ says:

    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.

    Posted on June 28, 2011 at 12:27 pm

  • Steve says:

    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.

    Posted on July 6, 2011 at 3:26 pm

  • T'rell says:

    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.

    Posted on July 7, 2011 at 2:14 am

  • Jim says:

    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.

    Posted on July 26, 2011 at 10:49 am

  • DJ says:

    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.

    Posted on September 20, 2011 at 1:16 am

  • JD says:

    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.

    Posted on October 27, 2011 at 8:55 am

  • keith says:

    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.

    Posted on November 2, 2011 at 6:02 pm

  • Dwight says:

    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.

    Posted on November 10, 2011 at 4:56 pm

  • Trevor says:

    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.

    Posted on November 22, 2011 at 5:43 pm

  • richard says:

    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

    Posted on November 29, 2011 at 12:39 am

  • Lisa says:

    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.

    Posted on December 1, 2011 at 3:20 pm

  • tivo says:

    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

    Posted on December 11, 2011 at 5:45 am

  • Todd says:

    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.

    Posted on February 11, 2012 at 6:58 am

  • tim says:

    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.

    Posted on February 12, 2012 at 11:15 am

  • John says:

    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.

    Posted on February 15, 2012 at 12:19 pm

  • don says:

    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

    Posted on February 29, 2012 at 5:48 am

  • will says:

    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 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 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.

    Posted on March 8, 2012 at 6:33 am

  • stacy says:

    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..

    Posted on March 10, 2012 at 3:23 pm

    • Austin Kirk says:

      @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

      Posted on March 12, 2012 at 1:14 pm

  • JD says:

    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.

    Posted on March 15, 2012 at 6:52 pm

  • Minerva says:

    Share information you wish to be published on this page.

    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.

    Posted on April 4, 2012 at 12:47 pm

  • Jack says:

    This page has truly helped me. I now know the truly terrible amount of damage done to all suffering through this. I’ve had four surgeries, including two total replacements, and the pain and symptoms are still there. My hip, and pelvis have been knocked, cut, screwed, and hacked on so much, there is nothing that can be done any more. An attempt to get me started with :pain management ” has begun, but I see a relationship between Dupuy and the Doctors. I have lawyers doing their thing, (it looks like a small amount for all the trouble and discomfort gone through). I will be in pain for the rest of my life. I will no longer be able to do the things I used to. My health over all is going downhill fast. Weight gain, breathing concerns, along with the everpresent limp. I even had two different doctors deal with this. One dropped me because of concerns with the recall. I will say a prayer for you all, and wish you good fortune and luck in the future. It won’t come from Dupuy or Johnson & etc.

    Posted on June 3, 2012 at 7:55 am

  • don says:

    had left hipreplaced 9 24 2008 with the depuy asr 3 15 2011 had a stroker 3 15 2011 no one could point to the cause ,dont tell me that tiny metal particlesin my blood stream didnt have anything to do with it. any way tried to find a oetho that would give me a second opinion because the doctrr that put in me couldnt find the reason i was still having pain he had me talked inti back surgery untill my best friend talked me out of itfinally on 1 01 2012.would love to talk to anyone thats had the asr the asr totally failed and i went down. luckily my primary care docter had me x rayed and they found i had dislocated hip.luckily he knew a ortho surgeon and i had revision on 1 05 2012

    Posted on August 2, 2012 at 2:32 am

  • Gwen says:

    it so sad that these companies get away with this. I have had two hip replacements, one in 05 and the other 06. I have suffered intense and excruiating pain since. I cant open my legs, at all because of the pain and waljing just a short distance is so painful, even laying in the bed i wake up in pain. It is so sad, that i am 56 years old and thought that these hip replacement would improve my quality of life, but bring on pain pills, and still having pain is no fun. When that hip feels like it pops out in mid stride makes me scream in pain, what type of quality of life is this. It is horrible and i cant afford going through the risks of this surgery. These companies think its a joke, or just dont care about the consequences of their products. Its not only a shame its ridiculous at this day and time and technology, that i should benin this much pain after myhipsreplacements.

    Posted on August 8, 2012 at 8:58 am

  • K H HUNTER. says:

    i also have 2 depuy hip implants 1 put in 09, the right side in 2010, it lasted 10 months, there were 5 dislocations pain you cant belive, my dr who put them in refused to do the revision, it was more than he could handle! so i found 1 of the only doctors to attempt this revision, pennsylvania hospital, 8th and spruce streets in phila, pa. 3b ortho on the 2nd fl. dr name nazarian. i hope this info might help someone.

    Posted on September 9, 2012 at 8:11 pm

  • K H HUNTER. says:

    ive noticed after reading that people are having strokes, were you offered the filter that goes below the left side of your heart . i have one infact they were firmly against me not wanting it, if your offered the filter take it..

    Posted on September 9, 2012 at 8:20 pm

  • smatfam says:

    i had my hip replaced in 2007 and in 2010 i started having pain in my hip groin and thigh i was able to tollerate it then but now it has gotten worse i have a biomet mom magnum hip i wen to my surgeon he did blood test and a three phase bone scan he said there was nothing wrong with my hip he then did a hip aspiration and still said nothing was wrong he then sent me to see a back doctor did an mri back doc said there was nonthig wrong with my back witch i knew that because i have no pain in my back now the pain is worse than ever i dont even want to get out of bed any more to go to work what can i do abuot it

    Posted on September 15, 2012 at 3:31 pm

  • willet says:

    pain every daqy living on vicodin its just not right i need help.

    Posted on October 9, 2012 at 5:15 pm

  • Lisa W from Missouri says:

    It is AWFUL to read all of these notes people have on here. I had my left hip done in Washing mo at 35 they put that crappy Depuy in and I had problems right off the bat. I KEPT complaining of the pain, and how I couldnt lay on my stomach, or side, ect.. then I started the Falling down stairs when my damn hip felt like giving out. The doctor rotromel said he was thinking it was in my head, and told me to go to my fasmily doctor for more pain pills, then they work me up the ladder to Oxy and then your really in a pickle/ Day thay rain or freezing it hurts more, if u take one extra then you go in instant withdrawl, then my doctor must have done some shady things with pills in his parkinglot and got arrested, then minutes before his trial doctor morris SHOTS himself, they sent me to over 10 Doctors because no one wants to treat someone in pain with that dose medication, and it sucks cause just a few years later I had to get my right hip done. DEPUY AGAIN!! I told them I wanted a cermic kind that is smooth, well tested in long term and they refused to put it in me since i was early 40’s they call that young. So even with a lawsuite filed with the Best of St.Louis to do it the case just got sent to Texas where some of the very first suits file came from. But at first they all told me the limitation ran out. So if they told you the same thing and you couldnt file, do so now cause the limitation got thrown OUT !!! Those sob’s they have robbed me of Good years of my life, from 35 and now im 42. I get 6 painpills a day., and 2 time released and they complain about that, saying the Feds are watching the doctors so close that nothing can even be printed off early. So I have to plan any vacation around what day I get my pills, it is just so depressing, when your in pain and no one cares or feels it. Now Im seeing ads on TV about pain pills killing, and if you have taken vicoden or Oxycodone you can file a claim ,, another case. I know the money will come sometime, but what am I gonna get to do with it,, I can’t ride my horses like i use to, no long rides for vacation, no zoo, six flags, nothing but a lot of time in BED. It took away my ability to make money and with no job, no self-eseem. I tell ya all I hope u win,, win big,, i went to school with a guy, his wife filed ran into him at walgreens and he said she got $125,000 after her attorneys fee. My attorneys get 45 persent, they said 11,000 of these depuys are bad from 05 to 10 yet they are still putting them in people. not good at all. Good luck

    Posted on October 16, 2012 at 2:34 pm

  • richard says:

    2008 i got a depuy asr hip replacement, in about six months i was having terrible pain and a hip would just lock up on me.i triedto go back to work on light duty,i had to take lorcet #10 to work and that didnt work out very well.i had to leave the job.i got te chronium and cobalt test and my levels were above normal. i get big knots like pimples but much larger on my neck all the time they never go away,i have the ringing in my ears,no energy at teeth rotted out in a years time.i got the revision surgery about three years later in 2011.i have went thru hell,cant work,ssi is fighting me about getting benifits.i have seizures and headaches that last for afraid to drive because of the seizures,thatpiece of crap hip was in my body for three years,i lost all that i owned,i now live in free public housing,joy, destroyed!!! i wish everyone of us the best we deserve to be compensated,i cant afford to go to a doctor at all.i will not settle for less than 1.5 million,i cant im only 50 yrs old,i have to live the rest of my life going to doctors,and getting a jazzy pissed they put money and profits above us human beings,real people.thats just wrong !!! i will not bow down to j and j.they ruined my way of life and they dont give a crap.they have set aside another three billion in thier third quarter proffits to pay us,they will pay what i said or we will go to a jury trial,ive been homeless and hungry because of this mess made by depuy/johnson-johnson.

    Posted on December 21, 2012 at 12:13 am

  • Linda says:

    I received my first hip replacement in May of 2005. The right one was put in in September 2005.
    I had no choice. I was crawling up staits I was in so much pain.The left hip joint (both J&J pINNIcal hips)The first replacement on my left side went well. The second was a nightmare. Over the first year the right hip popped out twice. After the second time, I had a follow up with my surgen. An MRI and cobolt and chromium levels were higher than they should have been. According to research my levels were toxiic. I sarted having an awful taste in my mouth. A metal taste. Then I began having constant bouts of nasuea and vomiting. The right hip was revised in November 2012. The MRI showed a puddle of liquid in the joint. That was what I thought the taste was from.
    Still after the revision, I was told the left hip needs to be revised as well. In the Spring. Meanwhile I had a month of relief from the metal taste and some lessened pain.My cobolt and Chromium levels were taken again and again turned out toxic.Only 1/2 point lessthan prior to the first revision.
    I had an Endoscopy and the lining of my stomach was inflamed. They could find no answers. I believe it is my reaction to the metal toxicity.
    Johnson and Johnson had these devices approved before they knew anything about these long time outcomes.They should be ashamed and be ready to make up for all of the pain and suffring people like us have gone through.

    Posted on January 26, 2013 at 1:15 pm

  • GERI says:

    My husband had a Depuy Pinn..hip implant on 10/10/2011 Three weeks later had his first of many dislocations . Also swelling severe since day one . He can hardly walk has a popping noise every step and severe pain constantly. This has occurred since surgery. He desperatlly tried to do therapy but it was so painful he could not continue . The doctor insisted he do therapy and dropped him as a patient for none compliance.. I was told he does not have metal by doctor. I did notice that on FDA page that his screw that was placed during surgery was recalled .( it seems that this should be metal ) My poor husband has spent one year not having a life , we cannot find a ortho. surgeon to take ON THIS PROBLEM. I am anger a usually happy man is now depressed and not knowing where to turn is so frustrating . We need help we wish this operation we had never done and pray others don’t .

    Posted on February 18, 2013 at 12:45 am

  • Taeyoung says:

    Ok. It may be just a poor design hip. I had ntinohg but pain from my Smith & Nephew Birmingham Spectrum THR from day one. Sure it was metal on metal but essentially the same as the one you have I think?The revised hip I have now is a Zimmer ceramic on ceramic and it is pain free 90% of the time. The range of movement is 10 times better than the S&N hip. So maybe it is the design ?Do things like Voltaren help? Why I ask this is because if they do it suggests to me that the hip is irritating the surrounding muscle?

    Posted on March 7, 2013 at 1:37 am

  • clint says:

    I am a 50 year old transplant patient of 9 years. I have cidp also and needed my hip replaced due to avascular necrosis 9/12. I now have pain and high metal levels in my blood. I have revision scheduled 4/29/13. It will be risky. I have had 3 heart attacks and heart failure. thanks j&j

    Posted on March 31, 2013 at 10:27 pm

  • clint says:

    correct had hip replaced 12/09

    Posted on March 31, 2013 at 10:29 pm

  • Christine says:

    I believe that my hip replacement caused my pancreatic cancer. I had a large tumor removed in December of 2010 along with my spleen and gall bladder and part of my liver. They also had to rebuild my aorta as the tumor got wrapped around it. The chromium was 100 times higher than normal and the cobalt was 25 times higher. While I was in the hospital for a month they could not figure out why my white cell count was so high but we now know it was from the blood poisoning.

    Posted on April 21, 2013 at 6:27 pm

  • Raymond says:

    7/20/2013 My case is similar to Taeyoung.,
    I had nothing but pain from day 1 of my original hip replacement back in 2005. Complained to my doctor constantly
    .He went back in and scraped bone and sent me for radiation treatment and numerous P.T. and pain management sessions to no avail.I finally went for a second opinion and a third opiniion to which the doctors said they would not touch they said hip looked o.k.
    Finally after seven years of misery found a fourth doctor who
    discovered a problem with the socket I just had total hip revision surgery 30 days ago and feel like a new man
    filed a report with the FDA two times
    My original hip was a Depuy Pinnacle which they say was not on the recall but i understand now they are getting a lot more reports of failures My advice is to maker report to the FDA and go for second opions

    Posted on July 20, 2013 at 10:28 am

  • adele says:

    hi i had thr right side ,by dupay metal on metal , 6 wks after saw surgen told him hurt & cluncking after x-ray said all fine and if wanted other doing go somewhere else . so did get on with it had 2 children since op 5 .5 yrs of pain, depression , fatigue, trouble with consentration ,told doctors said just tired because of children . when letter came about recall everything became clear , had high metals in blood had revision, got told after op had to cut dead flesh out. still not ok still hurts need physio but no money to get there . got claim in for comp really need money for transport worried about . my children because metals do travel placenter . worriedd about other hip which was already no good andd used it because of limping . noboby has any idea of the damage of the metals on our bodies. the julie roberts film was a cobalt exavet metal posioning giving everyone cancer really scary would love people who thought ok to use give injection of these metals . 7 years of pain no end in sight .

    Posted on October 23, 2013 at 8:52 am

  • sheril says:

    i had a total hip replacement in09 the pain is alway there i didnt think after i had it done my life would be alot worse pain all the time limping cant lay on it nothing like it was after all this time i dont think they will do anything for us who are suffering everyday

    Posted on November 8, 2013 at 9:57 am

  • greg says:

    The idea that a person will have the base amount of $250k reduced due to the amount of time they had the implant in their body, there-by being exposed to more cobalt & chromium metalosis, is REDICULOUS.
    Also, the amount of time we suffered from the PAIN has been more.

    They ought to be starting at $8 MILLION, like the Kransky award in CA was.

    Posted on January 7, 2014 at 10:46 am

  • Denise says:

    I have the Deputy knee replacement an have had a lot of pain and swelling since my surgery and I have been on pain pills since before my surgery does this fall under this suite.

    Posted on January 23, 2014 at 11:23 am

  • Jeanette says:

    I think it sad they want to give people 250k I went through a a lot I have two I had one done last year an the doctor wanted to do the other 3 months later I said no let’s wait 1 year I am a cancer survivor since 03 an now I have to face another journey God be with us All Johnson Johnson Same on You

    Posted on February 11, 2014 at 12:07 pm

  • Duke says:

    Greg, going through same thing as you- my lawyer sucks and wants to settle- dropped my award to $213,000 because I had revision 2 months from what they thought was reasonable time. told me if I tried to find another lawyer to take my case, they would sabotage it by making them pay for their research- no way will 170k pay for me being disabled at middle-age. 46 now implant at 41

    Posted on February 15, 2014 at 10:20 pm

  • J.M. says:

    I was told my attorney that the settlement offered by DePuy is $250,000, less what is determined as factors, such as age, etc, which brought the base down to $214,000 or so. The attorney’s fee of 40% and their expenses, which brings the settlement down to around $120,000. Really? I was told they need 94% of us to get even this amount. I had my revision about 6 months ago and am now experiencing the burning pain when walking. I also had Cobalt levels of over 17 and Chromium of over 3, the day before my revision. I am now anxious to get my blood checked again. I am experiencing fatigue, hair loss (50%) and skin problems along with the burning sensation and groin pain. I don’t want to sign off on this as I am not sure it is in my best interest. But they (J&J) could delay a trial for years, and if I were to win, I would be out more money potentially than what is currently being offered. If I lost, it would be devastating. I am 65, retired and only my hubby and I, so it is the pain and suffering of this whole nightmare.

    Posted on March 4, 2014 at 3:56 am

  • Rick says:

    I have similar experiences like everyone else, except, I have Stage IV Renal failure. I believe it has something to do with the high levels of cobalt and chromium that is being produced by my defective ASR Hip implant. My ASR was placed by the Veterans Administration. They aren’t the greatest, and if you have heard what has been happening in Arizona about clients not being seen for months then you know my situation as well. The VA doesn’t want to do anything. I have asked for chromium and cobalt tests all the time and they ignore my requests. The Renal failure has come on fast and they don’t know why. I believe it is mostly caused from the hip implant and the shavings that are entering my blood system. I am scheduled for surgery in July 2014 and they have stated that they are going to put in a ceramic ball with a ceramic head. I have been waiting for this revision surgery for years. They would schedule it, then cancel it, and they did this several times. My attorney, who is in California states that they are going to make another settlement for those people that have had their surgeries after this last one. Looks like they are going pay more.

    Posted on June 10, 2014 at 7:46 pm

  • Louis says:

    I had 2 hip replacement surgeries, both hips-right 2006 and left 2008. A year after my last I started having problems. I got a letter from the Hospital where my surgeries was done and they inform me of a recall-DePuy. I had revision surgeries done and the doctors found a fungus infection cause by the implants. I had two revision surgeries done within 5 months apart(both hips) thanks to the Depuy Company defected ASR Hip implant. I live by myself and have to depend on others for help and assistances. Why should I suffer for someone elses mistake.

    Posted on July 7, 2014 at 10:34 am

  • Jessica says:

    My uncle lost his wife appox. 6 yrs ago. She had major complications after surgery. She suffered until her death. Is there a time frame of when he can apply in this law suit? Oh and yes from my understanding it was from the hip replacement. Would love to know if he could possibly have a case or is the time frame up for him to apply?

    Posted on December 15, 2014 at 9:50 am

  • KENNETH says:

    2009 VA replace rite hip at bay pines 2 days after op called nurse button 20 times to take to rehab on 1st floor no reponse took myself fell, and broke femur, 2 days later dr with questionable credentials open me up and wires femur back together. bad job..VA sends me to expert in tampa who repeats whole fiasco. in constant pain all the time
    VA says dr. bonati used his new procedure with 9 inch prothesis. pain was constant and 11 months later VA says lets try again ( 4th time) ST. PETE GENERAL USES JOHN POPE WHO SAYS SERLAGE WIRES SHOULD NEVER HAD BEEN USED HE PUTS IN METAL PLATE WITH SCREWS CONSTANT PAIN SINCE 4 OPS OVER 4 YEARS 78 YRS OLD NOW WATTA I do. I have been in pain for five years and now VA wants to replace other hip. what the hell should i do

    Posted on January 31, 2015 at 4:26 pm

  • ron says:

    I had the ASR recalled hip surgery in late 09 and in 10 was told it was recalled. I’ve been going to blood work every 6 mos. since 10. They’ve come back with first cobalt levels in the 3’s. Then they went to 5’s. My last 2 which were 3 mos. apart are a little above 7. And I have to go again in April. Do I need a revision and is this Dr. putting me off or is this normal. I’ve been told they don’t even know how much cobalt and chromium is to much. I simply don’t know what’s actually going on with this and at what point have others had their implant removed. It’s as if every things a big secret and finding what’s really going on is impossible.

    Posted on February 4, 2015 at 1:23 pm

  • Terri says:

    I am so sorry I trusted my doctors. I had a Depuy pinnacle for the first hip replacement. It failed within 18 months. My doc had to clean up all the “trash” left by metal shavings. After my 5th hip surgery it got infected and I spent Christmas and New Years in the hospital. I am in constant pain and no one knows why. I hate this. I wish someone could help.

    Posted on May 4, 2015 at 12:47 am

  • Carroll Haynes says:

    To all who are being jerked around by these money hungry no soul big business ortho device companies and their low life lawyers claiming to be doing “everything” to make it right, I can relate, and these medical negligent conflict of interest surgeon’s & drs putting $$$ in front of their trusting, loving patients, they all should have to have their hips removed and their bodies shot full of poisoning that slowly eats their. Insides up. No No they’re still playing golf. BIG BALLS. Good luck yall. They”ll get theirs when the roll”s called. God bless.

    Posted on May 29, 2016 at 4:14 pm

  • edward says:

    I see you have skin issues, I’ve had a rash on my hands since shortly after my first surgery in 2006 with the pinnacle. It has lessened after the ASR (07) was replaced(2014) and more after the Pinnacle (replaced 2015) but it is still there. I bought an inversion table and when I can use it I notice an improvement and recently started getting a Tai Massage (involves stretching and pressure) and also shows improvement. These things all seem to correlate with my hips and makes sense it is related to metalosis but can’t find anyone else with these issues or an expert to concur.
    I’ve also had a white flash of light in my eyes (which has diminished since my last replacement, the pinnacle), my memory has gone and my spacial awareness has diminished, (I would walk into a tree limb while mowing even after looking at the tree and trying to duck to miss it)! Also the obvious pain, the problem with stairs and walking distances, but I don’t see anyone with these other issues.

    Posted on March 13, 2017 at 6:20 pm

  • walter says:

    This is so sad. A lot of us have been waiting for years to get paid for a company who knew that their products was not working the way they designed them to. I have had 3 hip surgeries. One was a revised surgery. I am now in a wheel chair. They talk about soldiers being first. That’s a lie. I now need a ramp for my car to lift my hoover round into my truck and a ramp for my house. Since I am not disabled with the military I can’t get the help I need. I served the military for 7 years, when the Vietnam war was going on. I was in the medical field. The older I got I started having problems. I have always tried to work. I never needed any help until I had to get all of these surgeries. If there is billions of dollars in a trust fund. Why don’t they spread it out. Why do a lawyer have to prove that these products are defected. Call some of us who have these things in our bodies and let us show them and tell them how we feel. I wonder what they are waiting on. Look how the Judges, Lawyers, Doctors, etc. are all getting paid, while all of the victims are still waiting. We all need to pray for God to show favor and release the funds for all of us. We all know that money can’t replace what we have lost, but it will help us to get the things we need to live better.

    Posted on October 14, 2018 at 1:46 pm

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