DePuy ASR Hip Lawsuit News: Bernstein Liebhard LLP Weighs in on Latest Developments in First DePuy ASR Trial

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The Firm is actively filing claims on behalf of individuals affected by the DePuy ASR hip recall who suffered premature implant failure, metallosis, and other debilitating complications.

Bernstein Liebhard LLP | Consumer Injury Lawyers
The failure rates cited yesterday add to fears that these hip implants may continue to fail in patients for years to come.

A witness testifying yesterday in the first-ever DePuy ASR hip lawsuit to go to trial revealed that the recalled implant failed to meet the safety standard Johnson & Johnson set for the ASR’s cup, Bernstein Liebhard reports. According to, the witness, a consultant, cited internal documents showing the ASR produced 16 times more chromium and cobalt debris in the body than another DePuy hip. Rather than fixing the flaw, the witness told a Los Angeles Superior Court jury that the company simply changed the testing protocol.* (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County (Los Angeles)

A second witness who appeared yesterday told jurors that Australian data last year showed the DePuy ASR failed at a 22 percent rate after five years and 44 percent after seven, reported. The witness, an epidemiologist at Dartmouth Medical School, said he also reviewed data from England, Wales and Sweden before concluding that the ASR’s failure rate was “extraordinarily high.”

“The failure rates cited yesterday add to fears that these hip implants may continue to fail in patients for years to come,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm is actively filing DePuy ASR lawsuits on behalf of individuals who suffered premature device failure, metallosis and other debilitating conditions, allegedly due to the recalled hips.

DePuy ASR Hip Recall
The DePuy ASR is a metal-on-metal device in which the ball and cup consist of chromium-cobalt alloy. The DePuy ASR hip recall was announced in August 2010, after the devices were found to be failing in 12-13 percent of recipients within five years of implantation. According to court records, Johnson & Johnson and its DePuy Orthopaedics unit are now facing more than 10,000 DePuy ASR hip lawsuits filed in state and federal courts throughout the country. Plaintiffs allege the companies were aware of the risks associated with the ASR, but failed to warn doctors and patients.

During yesterday’s testimony in Los Angeles, jurors in the DePuy ASR lawsuit viewed videotaped testimony from a DePuy official who led a design team and oversaw an analysis on the ASR cup. Among other things, reported that the witness said DePuy never told surgeons that the ASR failed and required revisions at a rate that was eight times that of another company hip device.

The U.S. Food & Drug Administration (FDA) launched a safety review of all-metal hips in the wake of the DePuy ASR hip recall. On January 17, 2013, the agency proposed an order requiring manufacturers of metal-on-metal total hip replacement systems to submit premarket approval (PMA) applications. This would make the devices ineligible for 510(K) clearance, which allowed implants like the ASR to come to market with no human testing. The FDA also issued new guidance for the follow-up of patients with metal-on-metal hips, including advice that doctors consider metal ion testing for patients exhibiting signs that their hip may be failing.**

The lawyers at Bernstein Liebhard LLP are actively filing claims in the federal DePuy ASR multidistrict litigation underway in U.S. District Court, Northern District of Ohio. That litigation’s first trials are expected to begin in May and July of this year. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)

The Firm is also involved in the federal litigation underway in the Northern District of Texas concerning the metal-on-metal DePuy Pinnacle hip device, where partner Jeffrey Grand is serving on the Plaintiffs’ Steering Committee. The first trial in the DePuy Pinnacle litigation is expected to begin in September 2014. (In re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation - MDL No. 2244)

Individuals who have suffered metallosis, hip implant failure, and other serious complications as a result of the DePuy ASR hip or the metal-on-metal Pinnacle hip replacement may be entitled to compensation for their medical bills, lost wages, pain and suffering, and other damages. A wealth of information about DePuy hip implant lawsuits is available at Bernstein Liebhard’s website For additional information, please contact one of our attorneys today by calling 1-877-779-1414.


About Bernstein Liebhard
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. The lawyer responsible for this advertisement in the State of Connecticut is Amy L. Abate. 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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