DePuy ASR Hip Recall Trial: Bernstein Liebhard LLP Comments on Revelation that DePuy Marketers Feared “Backlash” Three Years before ASR Recall

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

Bernstein Liebhard LLP | Consumer Injury Lawyers
Again jurors have been presented with testimony that indicates that Johnson & Johnson had concerns about the ASR long before it was pulled from the market.

Unsettling revelations continue to come out of the nation’s first trial involving the DePuy ASR hip recall, Bernstein Liebhard LLP reports. According to, a DePuy Orthopaedics marketing manager testified on Wednesday in Los Angeles Superior Court that the company was concerned three years before the recall that backlash over metal ion debris in patients would negatively impact sales of the ASR. According to the witness, “Metal Ion Backlash” was the first of nine items listed on a PowerPoint presentation titled: “What scares us the most in the year ahead?” The presentation was viewed by DePuy marketers during a July 2007 meeting in Chicago.* (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County (Los Angeles))

“Again jurors have been presented with testimony that indicates that Johnson & Johnson had concerns about the ASR long before it was pulled from the market,” 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.

DePuy ASR Recall
According to, DePuy ASR hip recall was announced in August 2010, after data indicated the device was failing in 12 percent of recipients within just 5 years of implantation. During Wednesday’s proceeding, jurors were also asked to consider an email from a DePuy engineer dated April 2008 that discussed clinical data indicating the ASR was subject to “extreme metal ion levels.” The engineer voiced concern that once the data appeared in medical journals, it had “the potential to seriously affect our business.”    The email recommended that DePuy begin working on an upgrade to the ASR sooner than it had planned, but no upgrade was ever done, according to Bloomberg.

Court records indicate that Johnson & Johnson and its DePuy Orthopaedics unit have been named in over 10,000 DePuy ASR lawsuits. Plaintiffs allege the metal-on-metal hip can shed dangerous amounts of cobalt and chromium ions, leading to premature failure of the device and other serious complications. 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)

Bernstein Liebhard LLP is offering free lawsuit consultations to individuals affected by the DePuy ASR hip recall. 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. 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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