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

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The Firm is currently investigating DePuy ASR lawsuits on behalf of individuals allegedly injured as a result of the metal-on-metal hip implant.

Bernstein Liebhard LLP | Consumer Injury Lawyers
These latest revelations simply raise more questions about Johnson’s & Johnson’s handling of the ASR, including why the device was not pulled from the market sooner.

Details about Johnson & Johnson’s handling of its 2010 hip replacement recall continue to emerge in the first-ever trial involving a DePuy ASR hip lawsuit, Bernstein Liebhard LLP reports. In videotaped testimony presented in Los Angeles Superior Court on Wednesday, the current president of Johnson & Johnson’s DePuy Orthopaedics unit insisted that the ASR was recalled in 2010 due to “clinical needs,” and not because the metal-on-metal hip replacements were defective.    However, according to the New York Times, the same executive had told a consultant three years before the DePuy ASR recall that the device was faulty. At that time, he was a senior marketing official with DePuy, and had supervised the launch of the ASR hip in the U.S. * (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County (Los Angeles))

“These latest revelations simply raise more questions about Johnson’s & Johnson’s handling of the ASR, including why the device was not pulled from the market sooner,” 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
The DePuy ASR was pulled from the market in August 2010, after data indicated the hips were failing in 12-13% of patients who received them within just five years of implantation. 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.

An earlier New York Times report had revealed that the same witness whose testimony was viewed in court yesterday had decided not to tell overseas health regulators that the U.S. Food & Drug Administration (FDA) had refused to approve a resurfacing version of the ASR hip in 2009. The FDA told DePuy that they were refusing to approve the product because of concerns about “high concentration of metal ions” in the blood of patients who received it. According to the Times, DePuy decided to phase out the ASR that same year, but cited slowing sales, not safety concerns, for the decision. **

According to Bloomberg.com, during his videotaped deposition, the witness was also questioned about complaints the company had received from doctors in the years before the DePuy ASR hip recall, including an email from one surgeon who said that the implant didn’t stimulate enough bony ingrowth, the cup was too small, and the design created sharp edges. The witness said he was unable to recall if DePuy’s clinical team was informed of that email.***

The DePuy ASR is a metal-on-metal hip implant in which the ball and cup consist of chromium-cobalt alloy. Like other all-metal hips, it was allowed to come to market under the FDA’s 510(k) approval program, which does not require any human testing.    In the wake of the DePuy ASR hip recall, the FDA launched a safety review of metal-on-metal hip replacements, and earlier this month proposed a new rule that would make the devices ineligible for 510(K) clearance. 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 attorneys of Bernstein Liebhard LLP are actively filing claims in a multidistrict litigation underway in U.S. District Court, Northern District of Ohio, where more than 7,400 DePuy ASR hip lawsuits have already been filed. The first trials in that litigation are expected to begin this spring. (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 S. 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 on filing a DePuy hip implant lawsuit is available at Bernstein Liebhard’s website http://www.consumerinjurylawyers.com/. For additional information, please contact one of our attorneys today by calling 1-877-779-1414.

  • nytimes.com/2013/01/31/business/during-trial-new-details-emerge-on-dupuy-hip.html?_r=1&

** nytimes.com/2012/02/22/business/flawed-depuy-hip-implant-had-early-fda-notice.html?pagewanted=all
***bloomberg.com/news/2013-01-30/j-j-s-ekdahl-says-hips-recalled-because-of-clinical-needs.html
****fda.gov/MedicalDevices/ProductsandMedicalProcedures/ImplantsandProsthetics/MetalonMetalHipImplants/default.htm

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.
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Contact Information:
Felecia L. Stern, Esq.
Bernstein Liebhard LLP
info(at)consumerinjurylawyers(dot)com
http://www.consumerinjurylawyers.com

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