DePuy Hip Implant Failures Lawsuit Report: Resource4thePeople is Tracking Developments in First Trial Involving Recalled Metal Implant Systems

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New cases are still being reviewed by our lawyers investigating allegations of dangerous side effects associated with recall of ASR devices

Resource4thePeople announced today that it will provide consumers with updates of an important trial involving allegations that DePuy Orthopaedics metal-on-metal hip implant systems were defectively designed and the company failed to warn patients of serious side effects that could be caused by the devices.

The most recent news comes from the trial in Superior Court of Los Angeles, * where the first of about 10,000 lawsuits filed by patients who claimed they suffered significant health problems as a result of the failed systems is now underway.

That news centers on the testimony of the former president of DePuy, David Floyd, who told jurors that the company decided to halt production and sales of the ASR units because sales figures had dropped and not because of safety concerns generated by the recall, according to Bloomberg News.**

“This is an important case because it is the first of over 10,000 lawsuits that have been filed against DePuy Orthopaedics and its parent company, Johnson & Johnson over allegations that these ASR systems were defective and caused serious health problems for thousands of patients,” said Resource4thePeople.

In its most recent coverage, Bloomberg News is reporting from the trial that financial analysts are estimating that it could cost Johnson & Johnson billions of dollars to resolve the lawsuits filed against it.

“Because of the importance of this trial and the effect that it may have on current cases and on lawsuits that still may be filed we will continue to keep consumers abreast of the developments of the trial,” said Resource4thePeople.

“At the same time we are announcing that we will continue to provide free consultations by our lawyers for those who continue to contact us about their legal rights in regard to DePuy metal-on-metal hip implant failures.”

Resource4thePeople said that it is continuing to receive inquiries from patients who had the DePuy ASR systems implanted in their bodies about whether they are still eligible to file a lawsuit even though the first trial in the litigation is underway.

“The answer is yes, and those who wish to obtain a consultation with an experienced DePuy hip implant lawyer for an evaluation of what compensation and legal options may be available to them should use the following link,” said Resource4thePeople.

In the Los Angeles trial, the DePuy executive, Floyd, was questioned about the recall of 93,000 ASR units which had failure rates ranging from 12 percent in the United States to 40 percent in Australia, according to testimony.

The companies are being sued by Loren Kransky, a 65-year-old former prison guard who is asking jurors to award him damages for the health problems he says he suffered when an ASR system failed and metal debris was spread through his body, according to the court file.

Kransky had an ASR hip implanted in 2007 and was forced to have it replaced in 2012 after suffering pain and infections from the metal infecting his blood and nearby tissues, according to the court file.

Bloomberg reported that Johnson & Johnson, the world’s biggest seller of health-care products, recalled its ASR hips in August 2010 after saying at least 12 percent failed. Since then, the failure rate has climbed, reaching 40 percent in Australia.

“The decision in late 2009 to halt ASR sales came from a companywide process known as ‘rationalization,’ to streamline the DePuy product line ‘from a very large sprawling one to a more focused one,’ Floyd said in videotaped testimony played for the jury,” according to Bloomberg.

“It was a product that was overall in decline,” he said in the report. “It was the most expensive product in our portfolio, and there was price push back.”

In their court filings, Kransky’s lawyers filed allegations that DePuy was negligent because their research staff did not use a variety of angulations in testing the ASR metal cup and only tested one of several sizes.

Resource4thePeople also is announcing to consumers that it is compiling an information bank about the most recent medical research, news media articles and Food and Drug Administration recalls, safety warnings and health communications about metal-on-metal hip implant systems.

“The fact that 93,000 DePuy ASR units were recalled and that there are thousands of lawsuits filed by patients who claim they are victims of serious side effects means that there are a lot of people who may want centralized access to this information,” said Resource4thePeople.

“We note, for instance, that just recently Johnson & Johnson has initiated another recall of a second model of a metal hip component sold outside the United States.”

That recall was the subject of a Reuters News Service article that said that “J&J's DePuy unit told doctors in January that the Adept modular heads, a component used with its Adept metal-on-metal hip replacement device, should not be used after data showed that the devices were failing at a higher than expected rate, according to an emailed statement.”***

The Reuters article reported that the email said British data showed that the Adept implants needed to be replaced in about 12 percent of patients after seven years and that An Australian patient registry showed a revision rate of seven percent after three years.

“The company said it sold around 7,500 of the hip components between 2004 to September 2011,” Reuters reported. “They were sold in 21 countries, but not in the United States.”
Reuters also reported in the article that Johnson & Johnson has reported to investors that it is reserving “more than $3 billion to cover costs for the ASR hip recall.”

*Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County (Los Angeles).

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