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The legal theories supporting the de puy hip recall lawsuits

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http://www.depuyhipreplacementlawsuit.com/
In response to the massive hip replacement recall issued by DePuy Orthopaedics, a subsidiary of Johnson & Johnson, hundreds of lawsuits have been filed against the manufacturer, and many more are expected in the coming months.

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The legal theories supporting the de puy hip recall lawsuits

  1. 1. The Legal Theories Supporting the DePuy Hip Recall Lawsuits <ul><li>In response to the massive hip replacement recall issued by DePuy Orthopaedics, a subsidiary of Johnson & Johnson, hundreds of lawsuits have been filed against the manufacturer, and many more are expected in the coming months. </li></ul><ul><li>The recall affects two devices: the ASR XL Acetabular System and the ASR Hip Resurfacing System. On their website, DePuy cites data from the National Joint Registry for England and Wales as the reason for the recall . The Registry, which is designed to collect information on orthopedic implants and monitor their performance, found that the ASRs fail in more than 12 percent of patients within the first 5 years of implantation, necessitating a “revision” surgery ( a second hip replacement surgery) in many cases. </li></ul>
  2. 2. As a result of this news, hundreds of ASR recipients have filed lawsuits against DePuy seeking compensation for monetary losses (such as medical bills) and non-monetary losses (such as pain and suffering). However, three very different types of lawsuits based on three distinct legal theories are being pursued by claimants. The majority of cases against DePuy are based on product liability laws. Product liability laws protect consumers against products that cause them injury by holding those entities that make products available to the public, such as manufacturers, distributors, and suppliers, legally responsible for the injuries their products cause. One type of DePuy hip replacement lawsuit focuses on the “design defect” aspect of such laws, while the other is based on the “failure to warn” product liability theory.
  3. 3. In addition to the DePuy Hip lawsuits that are based on product liability laws, a new, third type of lawsuit is also being filed against DePuy. In a recent class action lawsuit filed in Ohio, claimants are alleging that DePuy deceived them about its reimbursement policy, which has resulted in patients relinquishing some of their legal rights. If you have any questions regarding this, please contact a DePuy Hip Recall Lawyer today.

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