DePuy ASR Hip Recall: Johnson & Johnson Learned of Problems Two Years Before Announcing Recall, Bernstein Liebhard LLP Reports

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Bernstein Liebhard LLP is currently investigating DePuy ASR Hip lawsuits on behalf of individuals who suffered metallosis, early hip implant failure and other complications due to Johnson & Johnson’s recalled hip implant.

Bernstein Liebhard LLP | Consumer Injury Lawyers
Had doctors and patients been notified of the “extreme” level of metal ions associated with the ASR, countless patients could have been spared the painful ordeal of undergoing revision surgery.

Newly unsealed court documents indicate that Johnson & Johnson officials learned of problems with ASR hip implants in 2008, two years before the DePuy ASR hip recall was announced, Bernstein Liebhard LLP reports. According to The Wall Street Journal, the company 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," a DePuy official told colleagues, according to a newly-unsealed deposition.*

The deposition was part of a trove of documents unsealed last week in a DePuy ASR lawsuit that is expected to be the first to go to trial in the nation. The lawsuit, part of a consolidated litigation underway in California Superior Court, Los Angeles County, alleges the plaintiff’s ASR hip failed within five years of implantation due to a design flaw. Opening arguments in the case are to begin on Friday, the Journal said.

“Had doctors and patients been notified of the “extreme” level of metal ions associated with the ASR, countless patients could have been spared the painful ordeal of undergoing revision surgery,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm is currently investigating DePuy ASR hip lawsuits on behalf of individuals who suffered metallosis, early hip implant failure and other complications due to Johnson & Johnson’s recalled hip implant.

DePuy ASR Hip Lawsuits
DePuy ASR hip implants are metal-on-metal hip replacements in which the ball and cup are made from chromium-cobalt alloy. Some 93,000 were recalled worldwide by Johnson & Johnson’s DePuy Orthopaedics unit in August 2010, after they were shown to be failing in 12-13% of recipients within just 5 years of implantation. According to a report from The New York Times, other documents unsealed in the California lawsuit include an analysis conducted by Johnson & Johnson the following year that indicated the hips could fail in 40% of patients within five years.**

Since the DePuy ASR hip recall, the entire class of metal-on-metal hip implants have come under scrutiny. On January 17, 2013, the U.S. Food & Drug Administration (FDA) proposed an order requiring manufacturers of metal-on-metal total hip replacement systems to submit premarket approval (PMA) applications. This would make the devices ineligible for 510(K) clearance, which allowed such implants to come to market with no human testing. The proposed rule would require manufacturers to submit data showing the devices are safe and effective before they could continue selling existing ones or obtain approval for new metal-on-metal designs. ***

Johnson & Johnson and DePuy are facing some 2,000 DePuy ASR hip lawsuits in the consolidated litigation in California, according to The New York Times. An additional 7,000 claims are pending in a federal multidistrict litigation underway in U.S. District Court, Northern District of Ohio. The first trials in the federal litigation are expected to begin this spring. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197).

The lawyers at Bernstein Liebhard LLP are actively filing claims in the federal DePuy ASR multidistrict litigation. 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 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 about DePuy hip implant lawsuits 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.

*online.wsj.com/article/SB10001424127887323940004578258503673382928.html
**nytimes.com/2013/01/23/business/jj-study-suggested-hip-device-could-fail-in-thousands-more.html?ref=health&_r=0
***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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