Articles Tagged with hip replacement case

I live in Tennessee and have a DePuy ASR hip implant that has been recalled.  What is the status of the litigation?

If you have not filed a case the status of the litigation is irrelevant to you.  By that I mean that if you live in Tennessee and had your surgery in Tennessee and you don’t have a lawsuit filed within one year of the time you knew or should have known that the implant was defective you will lose your legal rights under Tennessee law.  If you have not hired a lawyer you need to hire one as soon as possible.

We have a significant number of these cases pending.  We have some of our cases filed in federal court and will probably file the rest of our cases there.  The federal court cases have been consolidated for pretrial purposes before a federal judge in Ohio.  That judge has just appointed the lawyers who will be managing the litigation for DePuy and for the persons who have filed a lawsuit claiming the ASR product is defective and caused them an injury.  The litigation is just getting underway.  In fact, there was a hearing yesterday in West Palm Beach that addressed several case management issues.

I am one of the people who has a recalled DePuy ASR hip implant.   Indeed, both of my hips have this system and both now need to be replaced.   What are my rights?  What is my case worth?

A total hip replacement replaces the body’s natural joint with an artificial one, usually made out of metal and plastic. A typical total hip replacement system consists of four separate components: (1) a femoral stem (2) a femoral head, (3) a liner, and (4) an acetabular shell. The surgeon hollows out a patient’s femur bone and the femoral stem is implanted. The femoral head is a metal ball that is fixed on top of the femoral stem. The femoral head forms the hip joint when it is placed inside the polyethylene liner and acetabular shell.

The DePuy ASR is a type of  artificial hip replacement system.  The first components of the system was approved for use by the FDA in late 2003.  Other components or related systems were approved for use in later years. 

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