DePuy ASR Hip Lawsuit: Bernstein Liebhard LLP Describes Discrepancy in Defense Expert’s Testimony

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The Firm is actively filing DePuy ASR lawsuits on behalf of individuals who suffered metallosis, premature device failure, and other complications related to the DePuy ASR recall.

Bernstein Liebhard LLP | Consumer Injury Lawyers
Again, we have another instance where the Defense appears to be putting the onus for DePuy ASR failures on implanting surgeons. However, the witness’s own admissions cast doubt on that assertion.

Bernstein Liebhard LLP continues to closely follow developments in the nation’s first trial involving a DePuy ASR hip lawsuit, now underway in Los Angeles Superior Court. According to a report from, a defense expert testified yesterday that the Plaintiff’s ASR hip failed because it was implanted at an angle of 63 to 65 degrees, which allowed the metal to wear. He also stated that the angle caused “sub- luxing,” a phenomenon where the metal ball joint slightly dislocated when the Plaintiff walked. But on cross examination, the witness, a professor at Drexel University’s School of Biomedical Engineering, was presented with an x-ray that showed the actual angle was 57.5 degrees. He also conceded that that none of the numerous doctors who examined the Plaintiff prior to his revision ever determined that dislocations were occurring.* (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County (Los Angeles))

“Again, we have another instance where the Defense appears to be putting the onus for DePuy ASR failures on implanting surgeons. However, the witness’s own admissions cast doubt on that assertion, while much of the other evidence presented during the course of this trial indicates that Johnson & Johnson was aware that the ASR was problematic long before the recall,” 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. Bernstein Liebhard continues to investigate DePuy ASR hip lawsuits on behalf of individuals allegedly injured by the recalled hip.

DePuy ASR Recall
According to, the DePuy ASR hip was recalled in August 2010, after it was found to be failing early in an unacceptably high number of patients. Current estimates now indicate the metal-on-metal hip implant could fail in 40% of recipients within five years of implantation. At least 10,000 lawsuits have been filed against Johnson & Johnson and its DePuy Orthpaedics unit since the DePuy ASR recall. Plaintiffs allege that DePuy did not adequately test the ASR before bringing it to market, and failed to warn of its risks.

According to Bernstein Liebhard, evidence presented during the Los Angeles trial has called into question Johnson & Johnson's assertions that problems with the ASR hip were handled appropriately prior to the recall . For example, The Wall Street Journal reported earlier this month that documents unsealed ahead of the proceeding indicated that DePuy received clinical data in 2008 showing "extreme" levels of metal ions in patients who received the ASR device when compared with patients who received a product from a rival company.** A bioengineer for DePuy had also testified that he had worked on a redesign for the device three years before the DePuy ASR recall, but no changes were ever made, according to an earlier report.*** Earlier in the trial, jurors viewed the videotaped deposition of a DePuy compliance manager who testified that the company had used inadequate or incorrect standards in trying to assess the risks associated with the implant before it came to market, according to The New York Times. Jurors also learned from a DePuy engineer that the company only tested the ASR’s performance on laboratory equipment at one angle of implantation. ****

Last month, the U.S. Food & drug Administration (FDA) issued new guidance for metal-on-metal hip implants like the DePuy ASR, which consist of a ball and cup made from chromium-cobalt alloy. Among other things, the agency advised doctors to consider metal ion testing if patients are experiencing symptoms of hip implant failure. The FDA also proposed a new rule that would make all-metal hip implants ineligible for 510(k) clearance, which allowed the ASR hip to come to market without human testing. *****

Bernstein Liebhard LLP 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) Firm partner, Jeffrey S. Grand, is also 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 currently offering free legal evaluations to victims of alleged DePuy hip implant complications. 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, 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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