All of the emails discussed in court yesterday indicate that Johnson & Johnson and DePuy were well aware of the ASR’s problems long before the recall.
New York, New York (PRWEB) February 12, 2013
The nation’s first trial involving a DePuy ASR hip lawsuit continues to move forward in Los Angeles Superior Court, Bernstein Liebhard LLP reports. According to Bloomberg.com, jurors yesterday were presented internal emails that revealed a top marketing executive at DePuy Orthopaedics urged the company to consider pulling the all-metal hip from the market a year before the DePuy ASR recall was announced. “If the company feels the safety profile of the platform is not acceptable among the majority of surgeons it seems we should consider recalling it altogether,” the executive wrote in a September 2009 email. In another email chain from 2009, the same executive discussed forwarding a brochure about another DePuy hip product to surgeons to “make them back off asr a bit,” ostensibly to avoid a recall of the ASR.* (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County (Los Angeles))
“All of the emails discussed in court yesterday indicate that Johnson & Johnson and DePuy were well aware of the ASR’s problems long before the recall. Had the hip been pulled from the market sooner, an untold number of patients may have avoided the types of complications we are seeing now,” 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 following the trial underway in Los Angeles, as it is likely to provide important insights into the way juries could address similar claims.
DePuy ASR Hip Lawsuits
The DePuy ASR is a metal-on-metal hip implant in which the ball and cup are made from a chromium-cobalt alloy. In the wake of the DePuy ASR hip recall, the U.S. Food & Drug Administration (FDA) launched a safety review of all-metal hips. Last month, the agency issued new guidance for patients with such devices, advising doctors to consider metal ion testing if patients are experiencing symptoms of hip implant failure. The agency also said it had proposed a new rule that would make metal-on-metal hip implants ineligible for the agency’s 510(k) clearance process, which allowed such devices to come to market without human testing.**
Court documents indicate that Johnson & Johnson and its DePuy Orthopaedics unit have been named in more than 10,000 lawsuits stemming from the August 2010 DePuy ASR recall. During yesterday’s proceeding, jurors also viewed a videotaped deposition in which a hip marketing manager for DePuy discussed emails between a San Francisco surgeon and another doctor who helped design the ASR. According to Bloomberg, the July 2008 email was composed after the San Francisco doctor saw an ad on the cover of Orthopedics Today claiming 99.2 percent survivorship for ASR patients. “It was difficult to read the ad considering my failure rate is in double digits,” the doctor wrote. The surgeon also wrote that some of his colleagues had experienced similar issues with the ASR, according to Bloomberg.
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) Court documents also indicate that a second DePuy ASR hip lawsuit will go to trial later this month in 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 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 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