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Three Lawsuits Against DePuy Orthopaedics For ASR Hip Problems Are Settled

Three lawsuits against DePuy Orthopaedics for their DePuy ASR hip implant were resolved in early August of 2012. Residents of Nevada, Annaliese Rundle, Martha Bender, and Katherine Guy, had filed their lawsuits in the Clark County District Court.

Neither the individual plaintiffs nor their legal counsel commented on the terms of their DePuy settlement or their agreement with the defendants. It was expected that their attorney would soon file a motion to dismiss the complaint after its resolution.

Had there not been an agreement to avoid trial, the filing was slated to be one of the first DePuy ASR lawsuits to go to trial after the 2010 DePuy hip recall of the ASR model.

Hip revision surgery was necessary for all three plaintiffs

Plaintiff Rundle received a total hip replacement on July 2, 2009. Soon after her surgery, she states that she experienced pain in her hip and groin. On July 16, 2010, she underwent revision surgery to repair the hip. According to her surgeon, Rundle suffered from ALVAL metal-on-metal disease, allegedly as a result of her implant. Rundle claims to suffer permanent disability as a result of her ASR implant.

Plaintiff Bender received a total hip replacement in her right hip on April 3, 2009. After surgery, she subsequently developed unexplained pain and burning sensations in her leg and groin that did not disappear with medication. On June 10, 2009, a bone scan revealed loosening of her implant. On July 6, 2010, Bender underwent hip revision surgery. She claims to continue suffering from hip pain and her ASR implant has caused her permanent disability.

On April 14, 2005, Plaintiff Guy had a total hip replacement of her left hip. She began experiencing pain in late 2009, and x-rays showed her ASR implant shell had migrated to a “very vertical” position. On June 25, 2010, Guy underwent revision surgery, during which her surgeon confirmed that the ASR had moved vertically and that Guy had experienced a foreign body reaction. As a result of the faulty hip implant, Guy allegedly experiences permanent injuries.

Without settlement, the case would’ve been the first U.S. case against DePuy to go to trial

The lawsuit was scheduled to go to trial in the Clark County District Court on December 3, 2012. Had they not experienced any delays or other issues, it is likely that the case would have been the first DePuy hip replacement lawsuit to go to trial in the United States.

The plaintiffs had named as defendants DePuy Orthopaedics and in-state ASR distributor Precision Orthopaedics, Inc. They claimed failure to warn, strict liability, deceptive trade practices, negligence, and failure to warn.

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