Lawyers and Settlements
Home Page >> Lawsuits Filed >> Lawsuit: Class Action Lawsuit Filed Against DePuy Artificial Hip Manufacturer

Class Action Lawsuit Filed Against DePuy Artificial Hip Manufacturer

Teaneck, NJ: A class action lawsuit has been filed against DePuy Orthopaedics, Inc., the manufacturer of metal-on-metal hip replacement implants, alleging the devices cause “irreparable harm from undiagnosed metal disease.” DePuy should pay for patients’ ongoing medical monitoring, which involves yearly orthopedic examinations, MRIs and blood and urine tests, according to the lawsuit.

An investigative report published in BMJ, formerly known as British Medical Journal, says thousands of hip implants made by DePuy Orthopaedics have leaked high levels of toxic cobalt and chromium ions. According to an attorney representing the plaintiffs, the industry has known about the harmful effects of cobalt for at least 25 years and left the American people in the dark about the downside of exposure to toxic levels of cobalt shed from these devices.

The toxic metals have destroyed patients’ muscle and bone, and will potentially leave some patients with long-term disability, the study says.

“Metal-on-metal hip prostheses like the DePuy ASR XL can and do create three to five-fold increases in blood levels of the heavy metals chromium and cobalt,” the lawwsuit states. "Toxicity from these metals causes metallosis, a disease that destroys the tissues surrounding the artificial joint. Left unresolved, metallosis creates irreparable harm to the patient from the progressive destruction of the joint tissues.” According to the court document, other health issues related to failure of the ASR XL hip implant includes “immediate irreparable harm from undiagnosed metal disease and the effect it has on the joint, even after revision and on other targeted organs, such as the brain, heart, liver, and kidneys.”

In addition to risk of infection and blood clots in a second implant surgery, revisions will not last as long as the 20 to 30 years the original hip implants were expected to last.

The BMJ report cites longstanding “evidence of risk from metal-on-metal hips, the manufacturers’ inadequate response, and how regulatory bodies failed to give doctors and patients the information they need to make informed decisions.”

The US Food and Drug Administration (FDA) warned in 2011 about metal ions that shed minute particles of the metal implant that migrate into the bloodstream and damage bone or tissue surrounding the implant and joint.

BMJ quotes an internal DePuy memo from July 2005 that says, “In addition to inducing potential changes in immune function, there has been concern for some time that wear debris may be carcinogenic. … One study suggested threefold risk of lymphoma and leukemia 10 years after joint replacement.”

“So-called ‘Silent Metal Disease,’ is found in upwards of 30% of patients with no symptoms. Cobalt and chromium poisoning can only be diagnosed promptly through a program of universal and comprehensive monitoring of the entire population of ASR XL patients,” according to the lawsuit.

BMJ says it’s likely there are more than 500,000 “ at risk large diameter ” metal-on-metal hips implanted in American patients since 2003 which require monitoring.

The lawsuit is asking that a class be certified and that DePuy be ordered to establish a fund to pay the costs of medical monitoring over the lifetime of all ASR XL Acetabular System hip implant patients. Those costs include annual blood and urine tests and medical imaging such as ultrasound and MRI examinations.

DePuy Hip Replacement Class Action Legal Help

If you or a loved one has suffered damages in this case, please click the link below and your complaint will be sent to a lawyer who may evaluate your claim at no cost or obligation.
Last updated on Mar-2-12


J&J Knew DePuy ASR Hip Replacement Would Fail
J&J Knew DePuy ASR Hip Replacement Would Fail New York, NY Johnson & Johnson’s (J&J) artificial hip replacement, the Articular Surface Replacement (ASR), was estimated to fail in approximately 40 percent of patients, based on data from its own internal analysis, made public for the first time this week. The document is one of hundreds of internal company documents expected to become public over the coming months, as the first of over 10,000 lawsuits by patients who received a faulty ASR implant gets ready to go to court [READ MORE]


Posted by
New Jersey
My doctor took an x-ray and told me my hip was loose. I've had three years of pain with my hip. My doctor is saying I have to have it replaced again. I have the medical records from the first replacement in 2000.

Posted by
South Carolina
My mom who is now 59 has had on going problems with her health since receiving her first hip replacement, then the second hip was done and now they tell us that they need to replace the first one. She has had blood poisoning where she ended up in hospital and they had no idea how she got it. Her pain is endless and no amount of pain killers seem to help. Any assistance would be appreciated.


Fields marked * are mandatory. Please read our comment guidelines before posting.


Note: Your name will be published with your comment.

*Email Address:

Your email will only be used if a response is needed.

*Your Comment:

Request Legal Help

First name:

Last name:

Email address:

Phone number(s):

Zip/Postal Code:

Describe your complaint:

By submitting this form I agree to the Terms of Service.
There is no cost to submit this form.
I would like to be interviewed by a journalist.
Subscribe to our free weekly newsletter.

Check Claim Status Advertise with us Legal Funding

Related Lawsuits

Legal Services:


FAQ | TOS | Privacy | Disclaimer | About Us | Contact Us | Press | Advertise | Member Login | Site Map | View Mobile Website

American Bar Association - Proud Member   Better Business Bureau   CAALA   Best of the Web Approved   Public Justice

This work is licensed under a Creative Commons Attribution-NoDerivs 3.0 Unported License © 2001-2016 Online Legal Media. All rights reserved.

Visit other Online Legal Media Websites:
Get Legal Help