New Yorker Files DePuy ASR Hip Implant Lawsuit

Yet another DePuy lawsuit has been filed over J&J’s recalled ASR XL Acetabular Hip Replacement System. <"http://www.yourlawyer.com/topics/overview/Johnson-and-Johnson-DePuy-Hip-Implant">DePuy Orthopaedics unit announced the recall of the DePuy ASR Hip Implant System in August, after data from the National Joint Registry of England and Wales showed that 1 out of every 8 patients (12%-13%) who had received the recalled devices had to undergo revision surgery within five years of receiving it.

This latest <"http://www.yourlawyer.com/topics/overview/DePuy-Hip-Implant-Recall-Johnson-and-Johnson">Depuy hip replacement lawsuit was filed in the US District Court for the Eastern District of New York on behalf of Rocco Rossetti and his wife Patricia, both of Nassau County, New York. The plaintiffs are being represented by Parker Waichman Alonso LLP, a leading <"http://www.yourlawyer.com/">personal injury law firm that represents people nationwide.

According to the complaint, Mr. Rossetti received an ASR XL Acetabular Hip Replacement on January 8, 2010. After implantation, Mr. Rossetti began experiencing significant pain, constant irritation, and discomfort in the area of his defective device. According to his lawsuit, Mr. Rossetti received a notice from his treating orthopaedic surgeon that the hip replacement implant he received in January 2010 had been recalled by DePuy.

The lawsuit alleges that as a result of the implant, Mr. Rossetti has suffered and continues to suffer both injuries and damages, including but not limited to: past, present and future physical and mental pain and suffering; and past, present and future medical, hospital, rehabilitative and pharmaceutical expenses, lost wages, and other related damages.

The August recall involved the ASR XL Acetabular System, a hip socket used in traditional hip replacement, and the ASR Hip Resurfacing System, a partial hip replacement that involves placing a metal cap on the ball of the femur. Only the ASR XL Acetabular System was approved for use in the US. About 93,000 people around the world received one of the recalled implants.

While the recall was only issued in August, DePuy had been receiving reports for several years regarding early failures of the implant. According to a report on the Independent, a UK media outlet, the Australian Joint Registry – the second largest database in the world after the England and Wales National Joint Registry – issued seven reports to DePuy starting in 2007 that identified problems with the hip implant system. The ASR system was finally withdrawn from the Australian market in December 2009.

DePuy was already phasing out the ASR hip implant system when it finally acknowledged in March 2010 that the device was prone to early failure. By that time, the US Food & Drug Administration (FDA) had received hundreds of reports describing premature failure of the DePuy ASR hip implant system. Still, it would be months before the DePuy ASR hip implant system was finally recalled.

Dozens of people around the country have filed lawsuits similar to the Rossetti complaint. In September, plaintiffs’ attorneys motioned the US Judicial Panel on Multidistrict Litigation to consolidate all such federal cases in a multidistrict litigation before Judge Susan D. Wigenton. DePuy, however, wants the claims heard either in federal court in the Northern District of Indiana at South Bend or the Northern District of Ohio at Toledo, both of which are near its Warsaw, Indiana, headquarters.

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