Many patients who received a defective DePuy ASR XL Acetabular System total hip replacement or a DePuy ASR HIP Resurfacing System have decided to take part in class action lawsuits against the company. The implants were recently recalled due to abnormally high failure rates that required 12 to 13 percent of all implant recipients to undergo a replacement surgery within five years.
A class action lawsuit is a lawsuit brought on by a group of individuals who all share a specific claim against a company or entity. Class action lawsuits are commonly filed against medical device manufacturers by groups of individuals who believe they suffered undue harm because the companies engaged in negligent activity. Numerous class action lawsuits have already been filed against DePuy in federal court, in addition to hundreds of individual lawsuits.
Many DePuy class action lawsuit participants allege they suffered undue injuries and pain that could have been avoided, if not for DePuy's negligence. A number of experts maintain DePuy knew the ASR XL Acetabular System total hip replacement and ASR Hip Resurfacing System were defective well before they were recalled. Evidence suggests DePuy was aware of problems surrounding the implants as early as 2007 and 2008, when the company discontinued the products in Australia after tests in the country showed the implants had an abnormally high failure rate.
An individual who experiences a medical injury or suffering because of a defective DePuy hip implant may be eligible to participate in a class action lawsuit against the company. If you believe you have suffered unnecessarily because of a faulty DePuy implant, you may be able to seek compensation for your medical injuries and suffering.
Patients who received a DePuy implant that has been recalled may have already been contacted by the company about the prospect of compensation. While DePuy is offering to pay for some medical expenses in certain cases, patients are advised to contact a lawyer before signing any paperwork provided by the company and/or Johnson & Johnson. This paperwork may contain a waiver that, if signed, can preclude patients from receiving full compensation for their losses.
Patients can often avoid hefty legal fees by participating in a class action lawsuit, as class action lawyers often do not receive compensation unless they win the case. Also, companies are usually more inclined to settle a class action lawsuit out of court. Consequently, individuals hoping to avoid a trial may see a class action lawsuit as a more appealing option than an individual lawsuit.
However, there are negative aspects of class action lawsuits. Individuals usually relinquish a certain degree of control over their case, as their lawyers must consider the needs and goals of the group as a whole over the specific claim of any single group member. Additionally, patients are usually restricted from participating in future legal action to receive compensation for their injuries, which can cause a problem if patients develop future medical conditions linked to a defective DePuy implant.
In recent years, hundreds of class action lawsuits have been filed against different medical device and pharmaceutical companies, and billions of dollars have been paid out by those companies as a result. Patients who have been part of a successful class action lawsuit against a medical device manufacturer usually receive a portion of the settlement determined according to the extent of their injuries.