Attorney at Graves McLain Injury Lawyers

Practice Areas: Wrongful Death, Medical Malpractice, Bad Faith Insurance, Car Accidents, T-Bone Tractor-Trailer Accidents, Dangerous Drugs

When you get a medical implant, especially something as important as a hip replacement, you trust that it will improve your life—not cause more pain. Unfortunately, that hasn’t been the case for thousands of patients who have gotten the DePuy ASR Hip Replacement System. The recall of these implants has affected many across the country, including right here in Tulsa.

This guide explains what the recall is about, what complications are involved, and what legal rights patients may still have.

What Was Recalled in the DePuy ASR Hip System?

In August 2010, DePuy Orthopaedics, a division of Johnson & Johnson, issued a recall for its ASR XL Acetabular System and ASR Hip Resurfacing System. These implants were supposed to offer better durability and flexibility, especially for younger and more active patients. However, real-world use showed otherwise.

The devices had a much higher failure rate than expected—up to 13% within five years. Many patients had to undergo revision surgery far sooner than anticipated.

According to DePuy’s data, the ASR hip system had a 13% failure rate within five years—nearly triple the industry standard.

Why Did the DePuy Implants Fail?

The ASR hip systems came in several material combinations, including ceramic and polyethylene versions. But it was the metal-on-metal models that caused the most concern.

These implants were designed so that both the ball and socket components were made of metal. Over time, as the metal pieces rubbed together, tiny particles were released into the body.

This design flaw led to a number of painful and dangerous health issues, especially around the joint.

The FDA has issued multiple safety communications about metal-on-metal hip implants, warning of complications including tissue damage, metal poisoning, and device loosening.

Health Problems Linked to the ASR Implant

Some patients noticed problems within a few months. For others, it took years. But the complications were serious. Metal debris from the implants often triggers inflammation and damage in the surrounding tissue.

Here are the most common health issues associated with the ASR hip systems:

Common Complications

Complication

Cause

Common Symptoms

MetallosisMetal particles from implant wearPain, swelling, tissue inflammation
Cobalt/Chromium PoisoningToxic metal buildup in bloodFatigue, headaches, rash, confusion
Implant LooseningDevice instability in jointReduced mobility, stiffness
OsteolysisBody’s reaction to metal debrisBone weakening, fracture risk
Soft Tissue NecrosisLong-term inflammationDead tissue around implant

New Deadline for Legal Action

When the recall first happened, only patients who had revision surgery were eligible to file lawsuits or join settlement programs. That left many others out.

In 2024, a federal judge overseeing ongoing litigation extended the legal deadline for patients who received a DePuy ASR implant but haven’t had a revision surgery yet.

Patients who received the ASR implant but did not undergo revision surgery previously were excluded from settlement programs—but a 2024 federal ruling has extended the deadline for these individuals until January 31.

If you received the implant and are experiencing complications—even if you haven’t had surgery yet—you may still qualify to file a claim or join the settlement.

Can You File a Lawsuit in Oklahoma?

Oklahoma law allows people injured by defective products to seek compensation by initiating a product liability aim. That includes medical devices like hip implants.

In most cases, the statute of limitations is two years from the date you discovered the injury or complication. This makes timing especially important.

Oklahoma law generally provides a two-year window from the date of injury—or the date the injury was discovered—to file a product liability claim.

To file a successful claim, you typically need:

  • Medical records showing you received a recalled DePuy ASR implant
  • Evidence of complications (e.g., pain, swelling, metal poisoning)
  • Doctor’s notes recommending or performing revision surgery
  • Proof of lost income, medical bills, and other damages

Even if you’re unsure whether your symptoms are related to the implant, it’s worth getting a legal opinion.

What Should You Do Next?

If you received a DePuy hip implant between 2003 and 2010, and you’ve experienced ongoing pain, swelling, or other unexplained symptoms, don’t ignore them. These symptoms could signal implant failure or metal toxicity.

Here’s what you can do:

  • Request your surgical records to confirm the implant model
  • Schedule a follow-up with your orthopedic surgeon
  • Ask for blood tests to check metal levels
  • Keep a log of symptoms and complications
  • Speak with a product liability lawyer about your options

Taking these steps now can help preserve your legal rights and protect your health in the long run.

FAQs

What was recalled in the DePuy ASR hip replacement system?

DePuy recalled its ASR XL Acetabular and ASR Hip Resurfacing Systems in 2010 due to higher-than-expected failure rates and serious health complications in recipients.

Can I file a claim if I haven’t had revision surgery?

Yes. A federal court ruling extended the deadline for certain patients who haven’t undergone revision surgery. Eligibility depends on your symptoms and implant type.

What symptoms might indicate my implant is failing?

Watch for persistent pain, swelling, reduced mobility, or symptoms of metal poisoning like fatigue, skin rash, or cognitive problems.

How do I find out if I received a recalled DePuy implant?

You can request your surgical records from the hospital or your orthopedic surgeon. These records should list the exact implant model and serial number.

Is there a time limit to file a claim in Oklahoma

Yes. Most product liability cases in Oklahoma must be filed within two years of discovering the injury or implant fa lure. Contact an attorney to check your specific timeline.

What if I no longer live in Oklahoma but got surgery there?

Your eligibility to file in Oklahoma may still apply depending on where the surgery occurred and where complications arose. A local attorney can help clarify.

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Conclusion: What This Means for You

The DePuy ASR hip implant recall affected thousands of people, many of whom are still living with complications or uncertainty. If you or someone you love received one of these implants, there’s still time to act—but the clock is ticking.

The extended deadline gives many patients another chance to seek help. Understanding your symptoms, checking your medical records, and speaking with a lawyer can make all the difference.

Graves McLain Injury Lawyers has experience handling defective medical device cases for clients across Tulsa and Oklahoma. They can help you understand your legal options and whether you’re eligible to take action.

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.

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  • My orthopedic doctor recommended Graves McLain Injury Lawyers, PLLC, to me following the need for revision hip surgery due to a hip from Stryker that was putting poison into my system. The doctor took care of the hip, and Graves McLain Injury Lawyers, PLLC, took care of the legal case. They were very thorough, professional, courteous, and always ready to answer the questions I had throughout the length of the case. In a word, the entire office is fantastic. I’m sure they were tired of my inquiries on the case’s progress, but they did not show it. They were always willing to respond and were very positive. If I ever have a claim in the future, they will be the first group to whom I reach out.

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