Depending on their state of residence and individual case facts, many patients with the DePuy ASR XL Acetabular metal-on-metal hip replacement system may be required to file lawsuits related to the failed devices by August 24, 2012 or the suit may be barred by the applicable statute of limitations.
Legal claims are governed by a deadline, called the statute of limitations, which sets the maximum amount of time that can pass before the complaint must be filed in court. The statute of limitations varies from state to state and as a result, there may be different deadlines for DePuy ASR claims in different states. However, in many states, individuals are required to file their claims within two years of the date the cause of action arose. An argument may be asserted in some cases that the two-year statute of limitations for claims began at the time of the DePuy ASR recall on August 24, 2010 and would expire on August 24, 2012.
DePuy Orthopaedics, Inc., a division of Johnson and Johnson, Inc., recalled the ASR XL on August 24, 2010 after data indicated that the five-year failure rate of the device was approximately 13%, or more than 1 out of every 8 patients. DePuy identified reasons for the failure of the hip replacement system as component loosening, component malalignment, infection, fracture of the bone, dislocation, metal sensitivity and pain. Additional complications from the DePuy ASR may include increased metal ion levels in the blood, bone staining, necrosis, swelling, nerve damage, tissue damage and/or muscle damage.
Recent studies have indicated that other metal-on-metal hip replacement systems, including the Biomet M2A Magnum, Zimmer Durom, Wright Conserve, and DePuy Pinnacle have increased failure rates when compared to systems made from alternative materials such as ceramic or polyethylene. Patients, who underwent hip replacement surgery during or after 2005 and received a DePuy ASR XL or other metal-on-metal hip replacement system, are encouraged to schedule an appointment with their orthopedic surgeon as soon as possible. Patients who received a DePuy ASR or other metal-on-metal hip replacement system are urged to contact an attorney to discuss their rights.