On September 30, 2010, a new class action lawsuit was filed against DePuy in the U.S. District Court for the Northen District of Ohio. The most recent suit alleges that the company is deliberately deceiving patients and misleading them to believe they will be refunded the price of surgery and the hip replacement, as well as other associated medical costs.
DePuy has made claims on the company’s website that it will handle the expenses for patients needing revisionary surgery; however, the company has made no claims or assurances that it will take care of pain and suffering expenses. Additionally, should patients sign away their rights to DePuy, they will lose any opportunity to pursue settlements for future health complications caused by the hip replacement devices.
The lawsuit claims that DePuy is misleading patients by convincing them that if they sign forms and release their medical records, the company will reimburse them for all related medical costs. However, there is nothing legally binding DePuy to cover any medical costs.
The lawsuit seeks to ban DePuy from contacting patients via their physicians, as well as holding the company liable for the costs of health monitoring for patients who require additional surgeries and physician visits.
The mass of previous lawsuits brought forward by patients claim that the DePuy device was defective and that it was not adequately tested. The lawsuits also claim that DePuy knowingly kept the device on the market long after its defects were revealed. A motion was filed in September 2010 to consolidate the lawsuits into a multidistrict litigation. Arguments will likely be heard on the motion beginning in November.