DePuy ASR Hip Lawsuit Update: Bernstein Liebhard LLP Comments on Hip Surgeon’s Testimony in First DePuy ASR Recall Trial

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The Firm is actively filing DePuy ASR lawsuits on behalf of individuals affected by the 2010 metal-on-metal hip implant recall.

Bernstein Liebhard LLP | Consumer Injury Lawyers
This testimony just raises additional questions about Johnson & Johnson’s handling of the ASR hip, and whether or not the company was forthright about its performance in the months leading up to the recall.

The nationwide law firm of Bernstein Liebhard LLP continues to closely monitor developments in the nation’s first trial involving a DePuy ASR hip lawsuit. According to Bloomberg News, jurors in Los Angeles Superior Court recently heard from a California surgeon who had lunch with the president of DePuy Orthopaedics in March 2010, just months before the DePuy ASR recall was announced. According to the doctor, the executive told him at the time that sales of the ASR would be halted, but no mention was made of its high failure rate. The executive also failed to mention that DePuy had received numerous complaints from surgeons about the ASR or that the company had considered a redesign.* (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County (Los Angeles)

“This testimony just raises additional questions about Johnson & Johnson’s handling of the ASR hip, and whether or not the company was forthright about its performance in the months leading up to the recall,” 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 Bloomberg, some 93,000 DePuy ASR hips were recalled in August 2010, after data revealed they were failing prematurely in 12% of patients who received them. Court records indicate that Johnson & Johnson and its DePuy unit are now facing more than 10,000 claims stemming from the DePuy ASR recall. The surgeon who testified on February 8th revealed that 38% of 200 ASR hips he implanted had failed, a much higher rate than any other device he used. He also rejected an assertion by the defense that “metal staining” caused by the ASR was not responsible for tissue damage experienced by the Plaintiff, or the failure of his hip. “You’ve got to be kidding,” the witness said. “The metal staining damaged his tissue. Those tissues are damaged. We take those tissues out because they are non-functional.”

According to an earlier report from The New York Times, other evidence disclosed in the course of the Los Angeles trial included a 2011 Johnson & Johnson estimate that almost 40% of the ASR hip implants will fail within five years of surgery that was never disclosed to the public. Jurors also heard from a DePuy compliance manager who testified via a videotaped deposition that the company had used inadequate or incorrect standards in trying to assess the risks associated with the implant before it came to market. The jury also learned that the company only tested the ASR’s performance on laboratory equipment at one angle of implantation, and that the all-metal hip suffered from several design flaws that likely contributed to its early failure rate.**

Bernstein Liebhard is actively filing claims on behalf of individuals affected by the DePuy ASR recall in a federal litigation now underway in U.S. District Court, Northern District of Ohio. The first trials in that proceeding are scheduled to begin this spring. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197) Court documents indicate that a second DePuy ASR hip lawsuit will go to trial later this month in the Circuit Court of Cook County, Illinois. (In Re DePuy ASR Hip Litigation, No. 10-L-10506) Juries will also start hearing claims pending in New Jersey’s Bergen County Superior Court in the fall. (In Re DePuy ASR Hip Implants Litigation, BER-L-3971-11)

Bernstein Liebhard LLP is offering free lawsuit consultations to individuals affected by the DePuy ASR hip recall. A wealth of information about the process for filing a DePuy ASR hip lawsuit is available on Bernstein Liebhard LLP’s website 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.

Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016
(877) 779-1414

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.

Contact Information:
Felecia L. Stern, Esq.
Bernstein Liebhard LLP

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