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What are DePuy Hip Replacement Lawsuits?

What is a Hip Replacement”

Hip replacement is when a damaged hip joint is removed and then replaced with an artificial hip joint.  The natural hip joint may have been damaged in an accident or by a medical condition such as:

  • osteoarthritis
  • fractures
  • bone tumors
  • rheumatoid arthritis
  • osteonecrosis

Hip replacements are usually recommended when pain and stiffness interferes with the patients ability to perform everyday activities and other treatment options have not helped.

The best candidates for hip replacement surgery are those that are generally healthy. Your doctor will probably refer you to an orthopaedic surgeon for an evaluation for surgery. The surgeon will evaluate your health before recommending hip replacement surgery. Factors that are taken into consideration are age, pain, disability, and general health. Hip replacement may not be advised for those with Parkinson’s disease or those with severe muscle weakness.

Why are lawyers filing DePuy Hip Replacement Lawsuits?

DePuy Orthopedics Inc. has manufactured artificial hip, knee and shoulder replacement for years. A division of Johnson & Johnson, DePuy sells their orthopedic replacement parts in the United States, Canada, Ireland, Australia, and The United Kingdom. The replacement hip systems may be comprised of metal, ceramic, or plastic components.

In August 2010, DePuy issued a worldwide recall of their DePuy ASR Hip Resurfacing System and the DePuy ASR XL Acetabular Hip Replacement System. This after data from the National Joint Registry of England and Wales indicated that those DePuy systems had a 12 to 13 percent chance of failing within five years. The systems are metal-on-metal hip replacement systems.

The Pinnacle hip replacement system was approved by the FDA in 2000 and is the predecessor to the recalled ASR and ASR XL systems. The two hip replacements systems, the Pinnacle and the ASR, are both metal-on-metal implants and are of similar design. While the Pinnacle has not yet been recalled, it is possible that a recall could be issued in the future. Patients that have received a Pinnacle device are also at risk for severe pain, loosening of the implant and metal toxicity. Because the Pinnacle is another all metal implant, many patients fitted with this system have had to endure painful revision surgery. The FDA has been evaluating this system as well as all other metal-on-metal hip replacement devices.

Up until the DePuy recall, metal-on-metal hip implants were used in almost one-third of the approx. 250,000 hip replacements done each year in the US. Compared to other devices, these DePuy hip replacements have had some of the highest failure rates. After this shocking development, individuals have begun filing DePuy hip replacement lawsuits.

Press Release:

Designer of DePuy’s recalled ASR hip implant tells jurors that he wouldn’t implant the device today

Houston, TX April 9, 2013 – Orthopedic surgeon, Dr. Thomas Schmalzried, was the first defense witness to testify in the second lawsuit brought against Johnson & Johnson subsidiary, DePuy Orthopaedics, Inc. for their recalled ASR hip implant. In the second of more than 10,000 lawsuits, the plaintiff alleges that the ASR hip implant was defective and caused severe injuries that required a revision surgery.

Schmalzried testified on behalf of DePuy and stated that the devices were properly designed and developed but that he wouldn’t recommend the implant today were it still on the market. Schmalzried also testified during the first DePuy ASR trial which resulted in an $8.3 million award for the plaintiff. During that trial, he testified that he had no knowledge of the company department that collects and monitors all complaints for the metal implants and added that he no longer implants metal-on-metal devices. There has been some speculation as to whether Schmalzried has helped or hurt DePuy’s case with his surprising testimonies.

DePuy has marketed the device as safe, however, it is estimated that about 40% of patients who received the ASR implant will have the device fail within five years, eight times the failure rate of most hip implants. This failure rate is even higher than was suspected at the time the device was recalled. Evidence has emerged during these trials that suggest that the device was defectively designed and that Johnson & Johnson failed to properly warn about its risks.

D. Miller & Associates, PLLC continues to accept new clients for defective hip implants. In many cases, those affected by these implants need painful revision surgery and even then, they may still experience pain and trouble walking. By contacting an attorney at D. Miller & Associates, you will receive a free consultation to see if you may be eligible to receive compensation for all of the medical costs and pain and suffering you have experienced from Johnson & Johnson’s defective devices by filing a hip replacement lawsuit.

About D. Miller & Associates, PLLC:

Founded in 2002 by attorney Darren Miller, D. Miller & Associates, PLLC is a premiere national law firm with practice areas in personal injury, asbestos and mesothelioma, defective drugs and devices, business and criminal law. Based in Houston, Texas, the attorneys at D. Miller & Associates, PLLC, have successfully earned their clients compensation through aggressive litigation against even the most powerful of defendants. For a free legal consultation, contact the firm at 1-855-PRO-LAWYERS or at For more information, visit our website at

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