The Legal Justifications for the DePuy Hip Replacement Lawsuits
Since DePuy recalled two hip replacement devices in August
2010, the ASR XL Acetabular System and the ASR Hip Resurfacing System, hundreds of lawsuits, including individual,
class action, and mass tort, have been filed against the company.
Of the 93,000 patients who were implanted
with an ASR device, approximately 11,000, or 1 in 8, will require a second hip
replacement procedure (known as a revision surgery) due to design flaws.
Because of this, DePuy can expect hundreds,
if not thousands, more lawsuits to be filed in the months ahead.
But patients requiring revision surgery are not the only
people taking legal action against DePuy.
In a recent class action lawsuit, claimants are alleging that the
orthopedic manufacturer misled them into signing medical release forms and
providing their extracted, defective ASR devices.
Patients believed that doing so ensured they
would receive compensation for costs related to the recall, but DePuy has
denied this.
For the most part, however, the lawsuits against DePuy are
directly related to the defective ASR implants.
Such cases rely on product liability laws, which are designed to protect
consumers against injuries they suffer from products by holding manufacturers,
distributors, retailers, and other parties legally responsible.
DePuy is facing two different product liability claims. One relates to the design defects provision of product liability laws.
Cases that
are based on this legal theory allege that DePuy is liable because it designed
a product that is inherently dangerous and defective.
Other cases are backed by claims that DePuy
is liable because it failed to warn patients about the health risks associated
with the ASR units, even though evidence suggests the company knew about them
well before issuing the recall.
