DePuy ASR Hip Lawsuit Update: Bernstein Liebhard LLP Weighs in On Latest Development in DePuy ASR Recall Trial

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A bioengineer for DePuy Orthopaedics testified yesterday that prior to the DePuy ASR recall, he worked on a redesign for the ASR hip for three years. However, the project ended before any modifications were made to the metal-on-metal device.

Bernstein Liebhard LLP | Consumer Injury Lawyers
This testimony just raises more questions about Johnson & Johnson’s handling of the ASR issues and the timing of the recall.

A bioengineer for DePuy Orthopaedics was the latest witness to testify in the nation’s first trial involving a DePuy ASR hip lawsuit. According to Bloomberg.com, the witness worked on the redesign – dubbed Project Alpha – for three years, but it ended in 2008 without any modifications being made to the ASR. The witness told the Los Angeles Superior Court jury that during the course of the project, he suggested several ways to improve the hip implant, and was frustrated when the project ended. The DePuy ASR recall was announced in August 2010, after the metal-on-metal hips were found to be failing in an unacceptably high number of patients.* This is the first of thousands of DePuy ASR lawsuits to go to trial, and will help gauge the strength of similar claims, according to Bernstein Liebhard LLP. (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County)

“This testimony just raises more questions about Johnson & Johnson’s handling of the ASR issues and the timing of the 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 implant.

DePuy ASR Hip Recall
According to Bloomberg.com, Johnson & Johnson and its DePuy Orthopaedics unit are facing more than 10,000 DePuy ASR lawsuits stemming from the 2010 recall. Plaintiffs allege the ASR sheds dangerous amounts of toxic chromium and cobalt into the bloodstream, leading to premature failure of the hip. Evidence disclosed on the eve of the trial included a Johnson & Johnson analysis from 2011 that estimated nearly 40% of ASR hip implants will fail within five years of surgery.

Earlier in the week, jurors heard from an expert witness who testified that the ASR hip suffered from numerous design flaws, including the half-circle shape of the metal cup and the cup’s thin wall that caused it to fail at rates much higher than other implants. The witness, a bioengineer from McGill University, stated that it was his opinion that any claimed benefits of the ASR were outweighed by its risks.** According to The New York Times, jurors have also 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. A DePuy engineer called to the stand told the jury that the company only tested the ASR’s performance on laboratory equipment at one angle of implantation, which the Plaintiff claims was inadequate.***

The Los Angeles trial is just one of several that were scheduled to begin this year. The first of 7,400 DePuy ASR lawsuits that have been filed in the U.S. District Court, Northern District of Ohio will go to trial this spring. (In re DePuy Orthopedics Inc., ASR Hip Implant Products Liability Litigation, MDL 2197). A second state trial will begin 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 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)

Bernstein Liebhard LLP is actively filing DePuy ASR hip lawsuits in the federal litigation. In addition, partner Jeffry S. Grand is 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 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 offering free lawsuit consultations to anyone allegedly injured as a result of the DePuy ASR hip and the all-metal Pinnacle device. 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.

*bloomberg.com/news/2013-02-07/j-j-engineer-studied-hip-redesign-for-3-years-jury-told.html
**bloomberg.com/news/2013-02-06/j-j-jury-told-hip-has-many-design-defects-causing-failure.html
*** nytimes.com/2013/02/01/business/hip-implants-risks-inadequately-assessed-depuy-report-found-in-2010.html?ref=health&_r=0

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
info(at)consumerinjurylawyers(dot)com
http://www.consumerinjurylawyers.com

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