New York, New York (PRWEB) February 21, 2013
The plaintiff in the nation’s first DePuy ASR hip recall trial has finally had a chance to tell his story, Bernstein Liebhard LLP reports. In testimony given earlier this week in Los Angeles Superior Court, the 65-year-old former prison guard told the jury that he feared revision surgery to replace his failing ASR hip would kill him. “I didn’t want to have the hip done because I had 25 surgical procedures done prior to that,” the plaintiff said, according to a Bloomberg.com report. “I thought that surgery was going to kill me. I thought I was going to die.” He ultimately did undergo the revision, after constant pain made it impossible for him to walk long distances.* (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County (Los Angeles))
“Sadly, the complications the plaintiff allegedly experienced are very similar to what we have heard from our own ASR clients,” says 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.
DePuy ASR Hip Recall
According to Bloomberg.com, the DePuy ASR hip recall was announced in August 2010, after data indicated the device was failing in 12 percent of recipients within just 5 years of implantation. The case underway in Los Angeles is the first of more than 10,000 DePuy ASR hip lawsuits that have been filed since the recall to go to trial. According to Bloomberg, jurors also heard this week from DePuy’s complaint and vigilance manager, who testified that reports of ASR revisions were not always forwarded to his department, as was policy. Instead, many were sent to a University of Hamburg professor who served as a consultant to DePuy. The same witness also testified that he prepared a recall letter in January 2010, eight months before the DePuy ASR hip recall was announced.
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. It was also revealed that DePuy 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. A DePuy compliance manager who testified via a videotaped deposition stated that the company had used inadequate or incorrect standards in trying to assess the risks associated with the implant before it came to market.**
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) A wealth of information about the process for filing a DePuy ASR hip lawsuit 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.
Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016
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