Those Outside the United States With Recalled DePuy Hip Implants Can (and Should) File Lawsuits in the United States

Those Outside the United States With Recalled DePuy Hip Implants Can (and Should) File Lawsuits in the United States

Recently, we reported on the status of DePuy hip recall lawsuits, specifically multidistrict litigation in the United States. Many DePuy hip implant recipients come from outside the US, and they may wonder what their options are for filing lawsuits against DePuy over its defective hip replacement devices. They can pursue lawsuits in their home countries under their own laws, or they can take their case to the United States. Both are occurring.

We can't speak to the process of suing DePuy outside the United States. These processes depend on foreign law, though it shouldn't be impossible. For example, there's a class action lawsuit growing in the United Kingdom in which 78 recipients of recalled DePuy hip implants assembled to represent all such recipients in the UK. 34 of them have already undergone revision surgeries. The estimated cost to the British healthcare system is estimated at 250 million pounds ($407 million). The total damages in a class action lawsuit against DePuy could cost the company as much as 350 million pounds ($570 million). The class action lawsuit has not been filed yet, but given the case's merits against DePuy, a company that knew its hip implants were faulty long before the recall, the prospect of filing is quite high.

The biggest hurdle to filing a DePuy hip implant lawsuit outside the United States, if our experience with US law is any guide, is if DePuy argues to the foreign court that the case should be dismissed and re-filed in the United States because it is more convenient for the company. This is similar to DePuy's arguments over MDL for consolidating all the hip implant lawsuits in US federal court near its headquarters. The risk of DePuy bringing this convenience argument is a significant reason for recalled hip implant recipients to seriously consider contacting American hip implant lawyers instead of filing lawsuits in their home countries.

For non-Americans considering filing lawsuits against DePuy in the United States, the story of 66 year-old DePuy hip implant recipient Bob Lugton should illustrate their options. Mr. Lugton had a revision procedure in October of 2010 after his doctors found cobalt levels in his body that were 750 times the normal levels. He also reported pain in his opposite, natural hip as well as problems with his eyes. Unlike those in the United Kingdom, Mr. Lugton joined an ongoing class action lawsuit in the United States. He can expect to take part in the same settlement negotiations as the rest of his class action members. A non-American can file an individual lawsuit against DePuy in the United States in federal or state court, but it would have to be filed in Indiana where the company is headquartered.

Many recipients of the 93,000 recalled DePuy hip implants live outside the United States, but everyone deserves justice. If you are affected, wherever you are, contact the Rottenstein Law Group for a free initial consultation.

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