Friday, December 31, 2010

DePuy Hip Replacement Recall Results in Three Canadian Class Action Lawsuits

DePuy Orthopaedics recalled 93,000 hip replacements worldwide in the summer of 2010. Since then, lawsuits against the manufacturer of the defective ASR XL Acetabular Hip System and the ASR Hip Resurfacing System began mounting. The most recent news of these is in Canada, where three class action suits are pending against the Johnson & Johnson subsidiary.

In mid-December, 1,500 DePuy hip replacement recipients filed a class action lawsuit in courts all over Canada. They received their implants between 2006 and the time of hip replacement recall. Of the two other class actions, one was filed in Quebec Superior Court against DePuy in November. The third is a much more ambitious undertaking. Filed in Calgary, Alberta, Halifax, Nova Scotia, and Montreal, Quebec, it names DePuy for its ASR hip replacements, Zimmer Corp. for its Durom Cup and Stryker Corp. for its Trident Acetabular PSL Cup and Trident Hemispherical Cup.

DePuy initiated its hip replacement recall after foreign artificial replacement registries demonstrated that they failed 12 percent to 13 percent of the time after only 5 years, even though hip replacements are supposed to last for 15 years.

The resulting litigation in the United States has proceeded somewhat more quickly than in Canada. Here, the United States Judicial Panel on Multidistrict Litigation (MDL) assigned all the DePuy pretrial procedural matters to Judge David A. Katz of the U.S. District Court, Northern District of Ohio. Of the 115 cases consolidated into MDL, several are class action lawsuits. The rest are individual cases that will benefit from the more efficient pretrial process that MDL provides.

1 comment:

  1. Depuy hip replacement patients is eligible for compensation due to the injuries they have suffered as a result of being implanted with the defective device. Past and future pain, suffering, medical bills, lost earnings, and disfigurement are among the damages that the patients may be entitled to recover.