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If you have had hip replacement surgery since July 2003, you need to see your doctor and find out if he or she used the device which is the subject of the DePuy recall and DePuy lawsuit. If the device used is the DePuy ASR XL Acetabular System or ASR Hip Resurfacing System, there are some things you should know.

DePuy Recall

In August of 2010, the Johnson & Johnson company, DePuy Orthaepedics recalled its ASR hip implants. This recall resulted from studies showing more than ten percent of patients had implants that failed within the first five years. DePuy has offered to cover all reasonable costs and expenses associated with testing, monitoring, and correcting any problems being experienced by patients.

DePuy Class Action Lawsuits

Class action lawsuits against DePuy have been considered by attorneys representing hundreds of patients. Any patient that has received a hip device that is the subject of the DePuy recall is subject to a class action if they do not specifically opt out if a national class action would be filed. Notice will be given to all potential members either directly or through some form of public notice. If you did not want to join a class action lawsuit, you should be sure to opt out of any DePuy lawsuit class that sends you notice.

Being a member of a class action does not cost the patient anything. All lawyer fees are taken only if damages are awarded. You will be required to provide documentation related to your hip replacement surgery and any symptoms you may be experiencing as a result thereof. Generally, you will be given a questionnaire by the lawyers handling the case for you to complete to help them know the status of the members of the class. While some questions may seem unrelated, it is important to answer every question truthfully.

DePuy Lawsuits by Individuals

If you are experiencing problems from your DePuy hip replacement, you should consider an individual lawsuit. These lawsuits are filed by individuals represented by their own attorneys. You and your lawyer will work together in all matters of the lawsuit. While most lawyers handling matters like the DePuy recall do not charge fees to clients unless an award is received, some may request that expenses be paid during the course of the litigation.

Time Limits

All lawsuits must be file within a certain timeframe prescribed by law. DePuy’s recall guidelines will inform you of any time limits regarding claims made directly to them. Payments made under the DePuy recall program will be made according to DePuy’s timetable but should not be unreasonably delayed or withheld.

Both DePuy lawsuits by individuals and as class actions can take years to reach the end. Preparation for trial is often long, the actual trial can be lengthy, and any appeals can take years. You should not expect compensation quickly when involved in a lawsuit such as this.

You should consult a lawyer who is familiar with the DePuy recall and related DePuy lawsuits as soon as possible to discuss your options. The earlier in the process you contact a lawyer, the better.