MINNESOTA LAWSUIT TAKES ON DEPUY ASR HIP RECALL THROUGH STATE COURTS INSTEAD OF "CLASS ACTION" MDL; WHY THAT'S BETTER FOR PEOPLE HURT BY HIP IMPLANTS

(Minneapolis, MN) -- A mother of three, a grocery salesman, and an active retiree are the latest victims to file a lawsuit over the recalled DePuy ASR Hip implants. But these claims are different from most making their way through the US legal system today. That's because these patients are represented by attorneys from the national DePuy ASR Hip Recall Law Firm Alliance.

Their stories are similar to thousands of others: An orthopedic surgeon was convinced by a salesman to recommend the ASR hip replacement for patients with an active lifestyle. But that's not how it turned out. Instead, a hip replacement turned into a medical nightmare, leaving patients with excruciating pain; toxic levels of heavy metal in their blood; a second hip surgery to repair the damage; and an uncertain future. Shockingly, one of the plaintiffs' was sold and implanted with a type of ASR hip device that was never approved by the Food and Drug Administration.

Their lawsuit claims that the Minnesota orthopedic company that sold the hip replacements, Simpson and Associates, knew about problems with the ASR hip implant system years before the recall but did nothing to warn or notify orthopedic surgeons and patients. In fact, their sales representatives continued to aggressively market the device. But here's what makes this lawsuit different from the thousands of others: The complaint was filed in Minnesota's State Court rather than through the national multi-district litigation (MDL) process, which treats the ASR recall in a similar way to a class action lawsuit.

The DePuy ASR Hip Recall Law Firm Alliance believes plaintiffs with a defective ASR hip implant should avoid the "class action-like" MDL. Here's why: The decisions that come out of an MDL may not result in a fair settlement. You may not have the option "to have your day in court" to tell your story. In state court, you will explain how the defective ASR hips affected your health, your job, your family. A state court trial is based on YOUR circumstances and how the defective ASR hip implant damaged YOUR life.

The manufacturer of the ASR is attempting to force all patients into the MDL. That's because it's legally and financially better for them. The manufacturer and its sales companies don't have your best interests in mind. Their goal at this point is legal and financial damage control. They weren't always in crisis mode, though.

Just 4 years ago, back in 2008, the folks over at DePuy Orthopaedics celebrated a "great year for your hip business" during their annual awards ceremony, telling their distributors: "You sold $62 million dollars more in products last year than the year before. Game on!" Now the game is over.

Randy Kilburn, Vice President of U.S. Marketing for DePuy Orthopaedics, had this to say about the Minnesota regional distributor during the awards ceremony:

"This territory grew their hip business by 27%; a staggering 3.7 million dollar increase over prior year. In fact 6% of the total incremental hip sales were produced in this territory alone (Minnesota territory). Their unit growth of 17% is a clear indication that this territory is focused on and is winning the local battle for market share. This team rode the hip portfolio workhorse all year long. They went big on bearings and increased their sales of the ASR XL platform by 362%, generating 2 million dollars in incremental sales. It gives me great pleasure to announce the 2007 hip product line award winner, Rich Simpson and Simpson and Associates."

Simpson and Associates' aggressive marketing led to record ASR sales in the Minnesota, and North and South Dakota territories. Unfortunately, those sales will likely turn into record numbers of defective ASR hip problems. It's a tragic connection for thousands of people just like the mother of three, the grocery salesman, and the retiree, who are suing Simpson & Associates after the devastation wrecked by the recalled defective ASR hip implant. For more information contact Brian Franciskato at the DePuy ASR Hip Recall Law Firm Alliance at (877) 284-6600. ###