DePuy ASR Hip Lawsuit Pre Settlement Loans
Still Waiting on Your Depuy ASR Hip Recall Settlement? TriMark Can Help.
DePuy ASR Lawsuit Funding
The DePuy ASR line is one the company’s most notable products. Many patients and doctors have opted to use products from the ASR line; however, most of them have also suffered complications from the implant devices. DePuy’s ASR products are no different from the other metal-on-metal devices out in the market in terms of its side effects.
Patients that have filed lawsuits against DePuy for their metal-on-metal products, and the ASR products are no exception to these cases that were filed. Similar to metal-on-metal hip replacement systems, the DePuy ASR also puts patients at risk for many complications like pain, and metallosis.
If you’ve been seriously injured, are currently involved in a drawn-out legal fight, have retained a contingent-fee attorney, have strong liability against a sufficiently insured defendant and you’re in a financial bind because it’s taking forever to settle your case but you could really use some of your future settlement money now, we can help you.
TriMark Legal Funding LLC, The Settlement Funding Company, provides fast, affordable, non-recourse lawsuit cash advances from $500 to $25,000 on DePuy hip recall lawsuits, often in as little as 12-24 hours, with no credit check, no up-front fees and no hassles. Best of all, you only repay the cash advance if you win your case.
Give us a call at 1-877-932-2628 or simply complete an online application to get the ball rolling now.
More than 8,000 lawsuits regarding the DePuy ASR implants have been consolidated in federal court for a multidistrict litigation presided by Judge David A. Katz in the Northern District of Ohio with other cases still pending.
The company was also forced to pay over $8 million in damages and compensation to a single plaintiff, the first one to take a jury case for the DePuy lawsuits.
Since more studies are being conducted, DePuy Orthopaedics, along with other metal-on-metal hip device manufacturers, still continues to take careful action with products under this category. DePuy issued a recalls in the past due to growing information regarding the dangers of the product.
The companies and manufacturers seem to continuously adhere with FDA orders and requirements to continue selling and marketing their respective products in the market, specifically with the 522 postmarket surveillance studies and the post-market approval system of the U.S. Food and Drug Administration.
While DePuy and its mother company, Johnson and Johnson continue to make settlements with plaintiffs of individual lawsuits, the company still stands by their product and have still continued to market the products in spite of past recalls. The companies still think they had not done any conduct deemed improper, but lawsuit claims allege otherwise.
Lawsuits and Litigation
There have been over 8,600 cases regarding the DePuy ASR implants that were merged together in federal court, to become part of a multidistrict litigation, which is overseen by Judge David A. Katz in the U.S. District Court for the Northern District of Ohio.
The first plaintiff to take a DePuy ASR case to a jury was Loren Kransky. Los Angeles jurors favored the plaintiff after five weeks of trial in the California State Court in March 2013. They jury found that the product was designed defectively and Kransky, in turn, was awarded $8.3 million for injuries.
DePuy is also no stranger to settling lawsuits. Filed in Las Vegas, three women named Annelise Rundle, Martha Bender and Katherine Guy suffered complications from the use of ASR implants. They were all required to go through revision surgery. Johnson and Johnson paid $200,000 for each of the three ladies for injuries.
Bloomberg reported in November of 2013 that the mother company, Johnson and Johnson, would settle 7,500 ASR cases in state and federal ASR lawsuits through a settlement worth $2.5 billion, averaging $250,000 per lawsuit. The settlement is expected to include patients with implants that were removed or replaced before the last day of August 2013.
Bloomberg says that the settlement could go beyond $4 billion. There are thousands more of these DePuy ASR cases still ongoing in state courts. Scheduled to begin in September 2013 in the federal court of Ohio, the first bellwether trial for the ASR multidistrict litigation was settled for an undisclosed amount prior to the trial.
The $2.5 billion settlement agreement was presented in the United States District Court in Toldeo, Ohio. This includes around 8,000 cases of patients who have had the ASR Hip System implants removed or replaced, as reported by the Associated Press.
DePuy claims to stand by their product and continues to deny that the company did not act properly. Since the settlement does not cover all the lawsuits related to the hip implant, DePuy stated that they will continue to defend against other claims, and that they believe that the company’s actions with regard to the ASR Hip System have been appropriate and responsible.
FDA Warnings, Recalls and Reports
DePuy Orthopaedics recalled the ASR products from Australia in December 2009. In the same year, the company announced that they had planned to pull out the products from the international market by the end of 2010.
DePuy sent a letter to doctors in March 2010, stating that recent data from Australia were analyzed and showed failure rates that were higher than expected as compare to traditional hip replacement on certain kinds of patients. The data revealed also indicates that this risk was further elevated for patients who have small statures; particularly women and patients with weak bones.
It was in August 2010 when DePuy issued a recall for the ASR XL Acetabular System and ASR Hip Resurfacing System due to higher-than-normal rate of failure for the devices based on unpublished data from the UK Joint Registry. At this time, DePuy issued statements that the decision for recall was made when the number of patients that required revision surgery increased.
40% of patients would require revision surgery to fix complications that were experienced with the initial device. This 40% of patients needed follow up surgeries within five years of the initial implantation. This was evidence presented at the first ASR trial in the early portion of 2013.
Doctors also noted that the cup component of the DePuy ASR was too shallow, preventing proper implantation that can lead to hip complications. Data on the ASR XL Acetabular System, according the reports from the British Orthopaedic Association and the British Hip Society, presented that 21% of patients with the said hip replacement system required revision surgery after a mere 6 years. It can then be inferred from the data that almost half of the patients that used the ASR XL Acetabular System by DePuy would probably need surgery after an average of six years from initial implantation surgery.
A Class II recall was made on the DePuy ASR Acetabular Cup System in March 2011, as reported by the FDA. According the report, the recall was initiated by DePuy Orthopaedics due to growing studies and evaluated data from various sources regarding the product’s safety issues. It was also mentioned in the report that the company had issued a Field Safety Notice in March 2010 to all affected customers.
The National Joint Registry of England and Wales conducted a study and showed that 12% of patients who were implanted with the ASR Resurfacing devices and 13% of patients who used the ASR total hip replacement devices required revision surgery after five years of the initial implantation. The same registry reported in September 2011 that all-metal hips have increasing failure rates, with the DePuy ASR products leading the highest failure rate for the bunch.
The report noted that about one third of patients had ASR hip implant failure. In addition, the study also showed that approximately 30% of patients who used ASR hip implants six years ago had the original implant replaced. Of the patients who had the implants done five years ago, 17% had the devices replaced, with the figure expected to grow in the following year.
In July 2014, the FDA released a MAUDE Adverse Event Report on the DePuy ASR Acetabular Cups. It was stated in the event report that a patient had contacted the company after the ASR recalls to file a claim. Obtained medical reports state that the patient was in pain and was given revision surgery. Upon the revision surgery, doctors found metallosis debris and minute bone ingrowth on the acetabular cup.
Apply For a Lawsuit Cash Advance Now
TriMark Legal Funding LLC has streamlined the pre settlement funding process so that it is quick, easy and hassle-free. That means we can put the money you need into your hands faster and cheaper than the other guys.
It will only take about a minute or two to submit an application and get the ball rolling. It’s fast, easy, free to apply, there is no obligation and pre settlement loans are always 100% risk-free for plaintiffs.
You can complete an application online or just call us toll-free at 1-877-932-2628 and one of our litigation funding specialists will take your information right over the phone.
So why wait?