New York, New York (PRWEB) February 11, 2013
A surgeon whose videotaped deposition was viewed Friday in Los Angeles Superior Court during the nation’s first trial involving a DePuy ASR hip lawsuit testified that he quit using the ASR eight months before it was recalled after a Johnson & Johnson sales representative warned him about problems with the metal-on-metal hip. According to a report from Bloomberg.com, the witness, who had implanted the Plaintiff’s ASR, said a sales representative with whom he had worked for years had told him “there’s some problems with this, we are going to pull it. You really shouldn’t be using it anymore.” * (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County)
“The testimony presented on Friday just raises additional questions about Johnson & Johnson’s knowledge of the ASR’s problems prior to the recall,” said 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 provide free case reviews to recipients of the ASR who experienced premature device failure, metallosis and other complications allegedly due to the recalled hip implant.
DePuy ASR Hip Recall
According to court documents, Johnson & Johnson and its DePuy Orthopaedics unit are facing more than 10,000 DePuy ASR lawsuits stemming from the 2010 DePuy ASR hip recall. Plaintiffs allege the ASR sheds dangerous amounts of toxic chromium and cobalt into the bloodstream, leading to premature failure of the hip. During Friday’s proceeding, the Plaintiff’s surgeon testified in his videotaped deposition that the warning from the Johnson & Johnson sales representative was the first he had ever received. The doctor had initially started to use the ASR because of a 98% success rate touted by DePuy. However, since the ASR recall, more than a dozen of his patients have undergone revision surgeries because of pain, excessive wear or fluid build-up.
According to Bloomberg.com, 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. On Friday, jurors also viewed the videotaped deposition of a DePuy bioengineer who was part of a group that spent three years studying a possible redesign of the ASR. During a September 2005 meeting, the group agreed it would be useful to add a toxicologist to study a perceived risk of cancer due to metal ion release, but no such action was ever taken.
According to Bernstein Liebhard LLP, 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.**
In additional to the Los Angeles proceeding, court documents indicate several other DePuy ASR lawsuits will head to trial this year. The first of more than 7,400 claims filed in a federal multidistrict litigation underway in 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 pending 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 underway in Ohio. 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