Documents and testimony like this, supporting plaintiffs’ allegations that Johnson & Johnson failed to adequately test the ASR hip before bringing it to market are exactly the types of evidence the discovery process is meant to ferret out.
New York, New York (PRWEB) February 01, 2013
The DePuy ASR hip recall lawyers at Bernstein Liebhard LLP continue to monitor the first trial involving a DePuy ASR lawsuit, now underway in Los Angeles Superior Court. According to the latest report from The New York Times, new testimony has revealed that the risks associated with the ASR hip had not been adequately assessed before it was launched on the market. In a videotaped deposition presented in court on Thursday, a compliance manager for Johnson & Johnson’s DePuy Orthopaedics unit stated that an engineering report conducted by the company in 2010 indicated that DePuy had used inadequate or incorrect standards in trying to assess the risks associated with the implant. “They did their job, but they could have done it better,” the witness stated in his deposition.* (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County)
“Documents and testimony like this, supporting plaintiffs’ allegations that Johnson & Johnson failed to adequately test the ASR hip before bringing it to market, are exactly the types of evidence the discovery process is meant to ferret out,” 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 Lawsuits
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. According to Bloomberg.com, during his videotaped deposition, yesterday’s witness said the ASR’s so-called failure mode and effect analysis, or FMEA, fell short in 13 areas, such as possible deformation of the ASR cup. Among other things, the witness pointed out that the analysis failed to predict the levels of excessive wear and the loosening that have been associated with ASR hips.** A DePuy engineer who also testified on Thursday told the jury that the company only tested the ASR’s performance on laboratory equipment at one angle of implantation, according to The New York Times.
DePuy and Johnson & Johnson are facing more than 10,000 claims stemming from the DePuy ASR hip recall, and the trial in Los Angeles is just the first of several that will get underway this year. Over 7,400 DePuy ASR lawsuits have been filed in a multidistrict litigation established in the U.S. District Court, Northern District of Ohio. 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). A second state-level trial is also slated to start later this month in the Circuit Court of Cook County, Illinois. (In Re DePuy ASR Hip Litigation, No. 10-L-10506) Juries will begin hearing claims in a consolidated litigation underway 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 claims in the federal DePuy ASR recall litigation. In addition, partner Jeffry S. Grand is serving on the Plaintiffs’ Steering Committee in the federal DePuy Pinnacle litigation underway in U.S. District Court, Northern District of Texas. That proceeding involves a metal-on-metal version of the Pinnacle Hip Replacement System that utilizes the Ultamet liner. Court documents indicate that the first trial in the DePuy Pinnacle litigation is scheduled for September 2014. (In re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation - MDL No. 2244)
Bernstein Liebhard LLP is offering free lawsuit consultations to anyone allegedly injured as a result of the DePuy ASR hip and the all-metal Pinnacle device. A wealth of information regarding the DePuy ASR hip recall 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