It’s interesting that they tried to blame the problem on implanting surgeons. The fact is, a great deal of the evidence introduced during this trial indicates that DePuy had warnings for years that the ASR was proving problematic.
New York, New York (PRWEB) February 22, 2013
Bernstein Liebhard LLP continues to closely follow developments in the nation’s first trial stemming from the DePuy ASR hip recall. According to a report from Bloomberg.com, jurors in Los Angeles Superior Court heard yesterday from the former president of Johnson & Johnson’s DePuy Orthopaedics unit, who asserted the company decided to phase out the ASR hip just months before the recall for business reasons, rather than safety concerns. He also testified that after reviewing surgeon complaints about the ASR hip in 2008, the company concluded that surgeon technique was to blame for the early failures being reported. DePuy’s response was to begin a campaign to “educate surgeons in the proper technique” for implanting the hip, he said.* (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County (Los Angeles))
“It’s interesting that they tried to blame the problem on implanting surgeons. The fact is, a great deal of the evidence introduced during this trial indicates that DePuy had warnings for years that the ASR was proving problematic,” 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 Hip Lawsuits
According to Bloomberg.com, Johnson & Johnson and its DePuy Orthopaedics unit are facing more than 10,000 DePuy ASR lawsuits in both federal and state courts. Claims have been mounting since the August 2010 announcement of the DePuy ASR hip recall, after data indicated the device was failing in 12% of patients within just five years of implantation. Estimates now have the ASR’s failure rate as high as 40%. The plaintiff in the Los Angeles case alleges DePuy and Johnson & Johnson failed to act on an increasing number of doctor complaints regarding the performance of the ASR in the years prior to the recall.
The Wall Street Journal reported earlier this month that documents unsealed ahead of the trial indicated that DePuy received clinical data in 2008 showing "extreme" levels of metal ions in patients who received the ASR device when compared with patients who received a product from a rival company. "I believe it means that we need to start any ASR upgrade sooner than our previous plans had suggested,” one DePuy official told his colleagues, according to an unsealed deposition.** A bioengineer for DePuy had also testified that he had worked on a redesign for the device three years before the DePuy ASR recall, but no changes were ever made, according to an earlier Bloomberg.com report.***
The DePuy ASR is a metal-on-metal hip implant in which the ball and cup are made from a chromium-cobalt alloy. On January 17, 2013, the U.S. Food & Drug Administration (FDA) issued new guidance for patients with such devices, advising doctors to consider metal ion testing if patients are experiencing symptoms of hip implant failure. According to the agency, 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 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) 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.
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.
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Felecia L. Stern, Esq.
Bernstein Liebhard LLP