Johnson & Johnson Hip Implant Settlement: Filing Deadlines are Approaching Fast

Many recipients of the ASR metal-on-metal hip implant are unaware of a crucial date which is fast approaching. The ASR was approved by the FDA in 2005 then labored under a flurry of adverse reports regarding early failure rates. Finally, on August 26, 2010, DePuy recalled the ASR, citing failure rates of around 12-13%--as opposed to their initial reports of 4-5% failure rates. What this means is that among the 26 states which operate under the two year statute of limitations, there is less than a month left to join in the multi-district lawsuits against DePuy. Of the more than 40,000 recipients of the ASR in the U.S. alone, only about 6,000 of those have joined in as plaintiffs in the DePuy suit. This means there are over 35,000 ASR recipients out there who have yet to come forward.

There may be several reasons for this including the fact that many of these people may be unaware of the recall. Others may be elderly recipients of the metal ASR and are simply chalking their negative health symptoms up to the aging process. It is believed, however that a large number of those who have not joined in the lawsuit have not done so because they are not yet experiencing problems, therefore believe they have no rights under the current lawsuit. It’s important that this group of people be aware that the actual failure rate of the ASR has been estimated at 50% at six years and 80% at eight years. Considering the ASR metal-on-metal implant has only been on the market since 2005 you can see that the likelihood of thousands more recipients having serious problems from the device is huge. 

 Andrew Sullo, Class Action Lead Counsel & Managing Partner at Sullo & Sullo expresses concern about this group of implant recipients he calls “question mark clients”—those who call his office and say “I don’t even know why I’m calling; my hip is fine and I have an ASR and I love it and would never take it out of my body.” While Sullo says it is great that these people are experiencing no problems, they are nonetheless putting themselves at significant risk.  Down the road should any of those people’s metal hip implants fail or should they develop metal poisoning from the implant—yet failed to protect and maintain their rights--they may find themselves in an untenable position. What these question mark clients have in common is that they desperately need protection. They need financial, medical and pain and suffering protection should their metal hip fail and revision surgery become necessary.

A typical revision surgery may cost over $100,000. This means that even if a person has health insurance he or she will be on the hook for substantial out-of-pocket expenses. The recovery time for a revision surgery can be anywhere from six weeks to six months depending on the overall health of the patient as well as the degree of damage in the surrounding hip muscle. The person who requires revision could find themselves out of work for an extended period of time or could lose their job entirely. Many of these metal hip implant patients will find themselves partially or permanently disabled.

Considering that there is a nearly 50/50 chance that the ASR metal-on-metal hip implant will fail in the future, it certainly behooves all those with an ASR implant to take this narrow window of opportunity to join in the lawsuits against DePuy. Every recipient of the ASR must have their physician perform a blood toxicity test to determine the level of metals in their bloodstream and must also be aware of the signs of failure in the ASR. A Sullo & Sullo attorney can give ASR recipients the necessary legal information to determine whether their implant has failed, is in the process of failure, or has a high potential for failure while also stressing the importance of not letting the statute of limitations run out on their case.

Andrew Sullo, Class Action Lead Counsel & Managing Partner at Sullo & Sullo cautions ASR recipients “The message we need to relay is that out of 37,000 people you might not have any pain or symptoms now, but if you do have pain or symptoms two years or five years from now and your Statute of Limitations has run, then there may be nothing anyone can do for you.”  The Sullo and Sullo Law Firm wants to make sure all those ASR recipients are fully protected in the future should their hip implant device fail. Our attorneys don’t want to see any ASR patient end up with health which has been diminished or destroyed, the need for a hip revision surgery and no recourse as far as seeking compensation from DePuy. Don’t leave your future to chance—call us today and get the assistance and critical information you need.