DePuy ASR Hip Lawsuit Trial: Bernstein Liebhard LLP Comments on ASR Hip Designer’s Testimony

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The Firm is actively filing DePuy ASR lawsuits on behalf of individuals affected by Johnson & Johnson’s 2010 metal-on-metal hip implant recall.

Bernstein Liebhard LLP | Consumer Injury Lawyers
Yet again, we have testimony that seems to contradict Johnson & Johnson’s assertions that problems with the ASR were handled properly prior to the recall.

The nation’s first trial involving a DePuy ASR hip lawsuit continued last week in Los Angeles Superior Court, with the designer of the recalled hip implant called to the stand on Friday, Bernstein Liebhard LLP reports. According to, the California surgeon stated in his testimony that he forwarded complaints about the all-metal hip to DePuy Orthpaedics’ marketing department prior to its 2010 recall, and that he had no idea that the company had put together a group to look into problems with the device. Earlier in the trial, other DePuy employees had testified that all complaints were required to be sent to the vigilance and complaint department. But when asked on Friday whether he did so, the witness replied that DePuy did not have a vigilance department. He was also unable to identify the DePuy executive who was supposedly at the helm of the department, according to (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County (Los Angeles))

“Yet again, we have testimony that seems to contradict Johnson & Johnson’s assertions that problems with the ASR were handled properly prior to 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. Court records show that Johnson & Johnson and its DePuy Orthopaedics unit are named in more than 10,000 lawsuits filed since the DePuy ASR recall. The witness appearing Friday in Los Angeles acknowledged that he had received $20 million for work on medical devices from DePuy since 2000, including $3.6 million in royalties for the ASR hip. According to, he also admitted that of 66 ASR hips he implanted himself, 15 had failed – a rate of 23%. The witness then conceded that the rate of early failures will “probably” increase in the future.

Metal-on-metal hip implants like the ASR, which consist of a chromium-cobalt ball and cup, are currently the subject of a U.S. Food & Drug Administration (FDA) safety review. On January 17, 2013, the agency issued new guidance for recipients of such devices, advising doctors to consider metal ion testing if patients are experiencing symptoms of hip implant failure. According to the FDA, metal debris released as a result of friction between the ball and cup may cause damage to bone and/or soft tissue surrounding the implant and joint. Some of the metal ions released will enter the bloodstream and travel to other parts of the body, where they may cause symptoms or illnesses elsewhere in the body.

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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