The doctor's testimony yesterday is likely a sentiment shared by many other physicians who were not aware of the device's true failure rate.
New York, New York (PRWEB) February 13, 2013
Testimony continued yesterday in the nation’s first trial involving a DePuy ASR hip lawsuit, Bernstein Liebhard LLP reports. According to Bloomberg Businessweek, jurors in Los Angeles Superior Court viewed the videotaped deposition of the lead surgeon-designer for the ASR hip, who testified he would not have put the device on the market had he been aware of its high failure rate. When asked about a study conducted by DePuy Orthopaedics in 2011 that showed the ASR failed in nearly 36% of patients within five years of implantation, the witness acknowledged that of 66 ASR hips he implanted himself, 11 required revisions.* (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County (Los Angeles))
“We continue to hear from ASR recipients who have suffered metallosis, premature device failure and other debilitating complications. The doctor's testimony yesterday is likely a sentiment shared by many other physicians who were not aware of the device's true failure rate," said Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices, including hundreds of individuals affected by the DePuy ASR hip recall. The Firm is closely monitoring the trial underway in Los Angeles, as it is likely to provide important insights into the way juries could address similar claims. Bernstein Liebhard continues to provide free case reviews to individuals impacted by the August 2010 DePuy ASR recall.
DePuy ASR Lawsuits
According to court documents, Johnson & Johnson and its DePuy Orthopaedics unit are facing more than 10,000 DePuy ASR lawsuits stemming from the 2010 DePuy ASR hip recall. Plaintiffs allege the ASR sheds dangerous amounts of toxic chromium and cobalt into the bloodstream, leading to premature failure of the hip. Bernstein Liebhard LLP is actively filing DePuy ASR hip lawsuits in a federal multidistrict litigation underway in U.S. District Court, Northern District of Ohio. Court documents indicate the first trials in that proceeding will begin this spring. (In re DePuy Orthopedics Inc., ASR Hip Implant Products Liability Litigation, MDL 2197)
Court records also indicate that a second state trial will begin later this month in the Circuit Court of Cook County, Illinois. (In Re DePuy ASR Hip Litigation, No. 10-L-10506) Juries are scheduled to begin hearing claims in a consolidated litigation underway in New Jersey’s Bergen County Superior Court in the fall. (In Re DePuy ASR Hip Implants Litigation, BER-L-3971-11)
The DePuy ASR is a metal-on-metal hip implant in which the ball and cup are made from a chromium-cobalt alloy. On January 17, 2013, the U.S. Food & Drug Administration (FDA) issued new guidance for patients with such devices, advising doctors to consider metal ion testing if patients are experiencing symptoms of hip implant failure. According to the agency, metal debris released as a result of friction between the ball and cup may cause damage to bone and/or soft tissue surrounding the implant and joint. Some of the metal ions released will enter the bloodstream and travel to other parts of the body, where they may cause symptoms or illnesses elsewhere in the body.**
In addition to the firm’s representation of DePuy ASR plaintiffs, Bernstein Liebhard LLP partner Jeffrey S. Grand is serving on the Plaintiffs’ Steering Committee in the federal DePuy Pinnacle litigation underway in U.S. District Court, Northern District of Texas, involving a metal-on-metal version of the Pinnacle Hip Replacement System. Court documents indicate that the first DePuy Pinnacle hip replacement lawsuit will go to trial in September 2014. (In re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation - MDL No. 2244). Bernstein Liebhard LLP is also offering free case evaluations to patients impacted by the July 2012 Stryker Rejuvenate hip recall, and the June 2012 Smith & Nephew metal liner recall. In addition, the firm continues to investigate cases concerning the Biomet M2a Magnum hip implant, as well as Wright Profemur and Conserve metal hip implants.
A wealth of information about the DePuy ASR hip recall and other metal-on-metal hip implants is available on Bernstein Liebhard LLP’s website, http://www.consumerinjurylawyers.com/ . For additional information, please contact one of our attorneys by calling 877-779-1414.
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past 10 consecutive years.
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ATTORNEY ADVERTISING. © 2013 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, (212) 779-1414. Prior results do not guarantee or predict a similar outcome with respect to any future matter.
Felecia L. Stern, Esq.
Bernstein Liebhard LLP