DePuy ASR Hip Lawsuit Trial: Witness Says ASR Hip Recall Was Prompted by Safety Concerns, Notes Bernstein Liebhard LLP

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A DePuy Orthopaedics engineer has testified that the DePuy ASR hip recall was prompted by data indicating the metal-on-metal hips had a “higher than expected” failure rate.

Bernstein Liebhard LLP | Consumer Injury Lawyers
The contradictory testimony is disturbing, and raises yet more questions about Johnson & Johnson’s handling of the of the DePuy ASR hip recall.

A DePuy Orthopaedics engineer who took the stand yesterday in the nation’s first trial of a DePuy ASR hip implant lawsuit testified that the metal-on-metal hip implant was recalled in August 2010 due to safety concerns. According to a report from, the witness, who led the company’s hip-development program, said the decision to issue the DePuy ASR hip recall was prompted by a “higher than expected” failure rate. Plaintiff''s counsel had earlier told the Los Angeles Superior Court jury that a DePuy analysis from September 2011 showed 37 percent of ASR hips failed within 4.5 years, and that Australian national registry data showed in 2012 that 44 percent failed after seven years. (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County (Los Angeles))*

According to, the engineer’s testimony contradicts what jurors heard last week when they viewed the videotaped deposition of DePuy’s president, who asserted the ASR recall was issued because the hips “did not meet the clinical needs for the product” and not because they were unsafe.

“The contradictory testimony is disturbing, and raises yet more questions about Johnson & Johnson’s handling of the of the DePuy ASR hip recall,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices, including hundreds of recipients of the ASR hip implant. The Firm is offering free DePuy ASR lawsuit consultations to individuals allegedly injured by the recalled device.

DePuy ASR Hip Lawsuits
Johnson & Johnson and its DePuy Orthopaedics unit recalled some 93,000 ASR hips, including 37,000 in the U.S., after the devices were found to be failing in 12-13% of recipients within just five years of implantation. Since then, more than 10,000 DePuy ASR lawsuits have been filed by individuals who allege the hips were poorly designed and inadequately tested. Most of those claims have been filed in a multidistrict litigation established in the U.S. District Court, Northern District of Ohio. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197). However, thousands are also pending in state courts in California and elsewhere.

According to court documents, the first trials in the federal DePuy ASR litigation are scheduled to begin in the spring. A second state court trial is set to get underway this month in the Circuit Court of Cook County, Illinois. (In Re DePuy ASR Hip Litigation, No. 10-L-10506) Juries will also 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 replacement, in which the ball and cup are made from chromium and cobalt alloy. Like other all-metal hips, it was approved for sale via the U.S. Food & Drug Administrations (FDA) 510(k) clearance process, which does not require human testing. Last month, the FDA proposed an order requiring manufacturers of metal-on-metal total hip replacement systems to submit premarket approval (PMA) applications, which would make them ineligible for 510(K) clearance. The agency has also recommended that doctors consider metal ion testing for all-metal hip replacement patients who are experiencing symptoms of a failing implant, including pain, swelling, loosening of the implant, or change in the ability to walk.**

Bernstein Liebhard LLP is actively filing claims in the federal DePuy ASR litigation, and continues to offer free lawsuit consultations to anyone allegedly injured as a result of the DePuy ASR hip. 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. 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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