Attorney at Graves McLain Injury Lawyers
Practice Areas: Car Accidents, Medical Malpractice, Vaccine Injuries
Metal-on-metal hip implants were once seen as a strong, lasting solution for people needing hip replacements. But over time, some of these devices caused serious problems. DePuy Orthopaedics, a Johnson & Johnson company, faced thousands of lawsuits over its ASR XL and Pinnacle Ultimate implants. In 2024, a multi-state settlement brought some resolution—but not for individual patients still dealing with injuries.
This article explains what happened with the DePuy hip implant settlement, how it affects patients, and what legal options may still be available for those injured by these recalled devices.
DePuy Orthopaedics agreed to a $120 million settlement in 2024 with 46 states over claims of deceptive marketing. Texas received $8.5 million as part of the deal. Attorneys general from states like North Carolina, South Carolina, Florida, Indiana, and others led the investigation. They accused DePuy of promoting its ASR XL and Pinnacle Ultimate hip implants as safer and longer-lasting than they truly were.
These devices were both metal-on-metal hip implants, meaning the ball and socket components were made of metal. DePuy claimed they would last longer than traditional implants, but many patients experienced device failure and tissue damage and needed revision surgery.
DePuy agreed to a $120 million settlement with 46 states to resolve claims that it deceptively marketed the ASR XL and Pinnacle Ultimate metal-on-metal hip implants without adequate safety data. – National Association of Attorneys General, 2024
Metal-on-metal hip implants were designed to improve durability for younger or more active patients. Unfortunately, these devices often cause more harm than good. When the metal components rubbed together, they released metal particles into the body, leading to inflammation, tissue damage, and elevated levels of cobalt and chromium in the bloodstream.
Some patients develop a serious condition called metallosis, which can lead to long-term health issues. Others needed costly revision surgery to remove and replace the faulty implants.
Patients who received metal-on-metal implants may suffer from metallosis, a serious condition caused by metal debris entering the bloodstream.
If you had a hip replacement between 2003 and 2013, and your surgeon used a DePuy ASR XL or Pinnacle Ultimate implant, you may be affected. These products were pulled from the market after rising complaints.
Patients who have experienced symptoms like ongoing hip pain, reduced mobility, and swelling or have been told they need revision surgery should consider checking what device was used. Medical records can help identify if one of these recalled models was implanted.
More than 10,000 lawsuits were filed against Johnson & Johnson over its ASR and Pinnacle hip implants, many of which resulted in multi-million-dollar jury verdicts or settlements.
It’s important to understand that this $120 million settlement was between DePuy and state governments. It addressed how the products were marketed—not compensation for patients who were injured. If you suffered harm from one of these implants, the settlement does not automatically provide financial relief.
However, you may still be able to pursue a legal claim. Many lawsuits related to these implants have already been resolved through jury trials or private settlements.
If your device failed and caused injury, your case could involve:
These lawsuits are typically filed as product liability claims, which require proving that the product was defective and that it caused your injuries.
Each state has its time limits for filing a product liability lawsuit. These laws can affect whether you’re still eligible to file a claim, depending on when you learned of the injury and what device was used.
Each state has its statute of limitations for product liability claims—typically between two to six years.
Oklahoma has a two-year statute of limitations for product liability claims. This clock may start when the injury is discovered, especially in medical device cases involving delayed symptoms.
North Carolina gives you three years from the date you knew or should have known about the harm. There’s also a six-year statute of repose, which means lawsuits can’t be filed more than six years after the product was used, even if injuries were discovered later.
South Carolina allows three years from the date of discovery, meaning you must act within three years of realizing the implant caused harm. There’s no statute of repose, which can help some late-developing claims.
| Year | Event |
| 2003 | ASR XL hip implant introduced to market |
| 2005 | Pinnacle Ultamet launched |
| 2010 | DePuy recalls ASR XL due to high failure rate |
| 2013 | Pinnacle Ultamet discontinued |
| 2016 | Jury awards $500M in Pinnacle trial (later reduced) |
| 2024 | $120M multi-state deceptive marketing settlement announced |
Graves McLain Injury Lawyers has experience helping victims of faulty medical devices, including metal-on-metal hip implants. Our attorneys understand how these failures can affect your health, your job, and your quality of life. Every case we review is handled with care and honesty.
We don’t charge upfront fees. If we take your case, we work on a contingency basis. That means we only get paid if we recover compensation for you. There’s no pressure and no risk to speak with us about your options.
No. The 2024 settlement resolved claims by state governments over marketing practices. Patients affected by these implants must file their claims to seek compensation.
Your surgeon or hospital records will show which device was used. An attorney can help you access and interpret this information if needed.
Pain, swelling, decreased mobility, popping sounds, or high metal ion levels in blood are all possible warning signs.
Possibly. Many states allow claims within a specific period after the discovery of the injury, but this depends on local statutes and particular facts.
Victims may recover costs for revision surgery, rehabilitation, lost wages, and pain and suffering—if liability is proven.
DePuy’s multi-state settlement closed one chapter in the hip implant litigation story—but many patients are still living with the pain and costs of failed devices. If you had a hip replacement between 2003 and 2013 and are experiencing complications, it’s worth checking which implant you received. Each state’s laws are different, so acting sooner rather than later is essential.
Graves McLain Injury Lawyers can help you understand your options. We offer free case evaluations and only get paid if we recover compensation for you. If a metal hip implant harmed you or a loved one, now is the time to seek answers.
Please make an appointment for a free consultation with GRAVES MACLAIN INJURY LAWYERS right now to find out how they can support your future.
When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.
