(PRWEB) February 25, 2013
In a filing with the Securities and Exchange Commission on Feb. 22, Johnson & Johnson announced that the U.S. Justice Department and the U.S. Attorney’s Office were investigating the marketing practices of its subsidiary DePuy, maker of the recalled ASR metal-on-metal hip replacement system, according to the Washington Post.* The Rottenstein Law Group, which represents clients in DePuy ASR hip lawsuits, is monitoring the situation carefully and maintains an information website on cases at http://www.hiprecallnewscenter.com.
DePuy is currently a defendant in more than 10,000 lawsuits nationwide, most of which are part of a multidistrict litigation, which is a consolidation of pretrial proceedings (MDL-2197). The first trial, In re: Loren Kransky and Sheryl Kransky v. DePuy, Inc., et al. (BC456086, Los Angeles Superior Court), is underway in California, involving a 65-year-old retired prison guard who alleges that design flaws, device failure and metal poisoning all have caused him to suffer severe side effects. The Rottenstein Law Group has been following that trial closely since it began in January.
“Evidence from the Kransky trial, such as email communications between employees, indicates that DePuy marketed the device despite full knowledge of its flaws,” said Rochelle Rottenstein, principal of the Rottenstein Law Group. “As we learn more about marketing practices, it is apparent that people who believe their ASR metal-on-metal hip replacement has injured them should retain an advocate who can help them determine if they have a case.”
The Rottenstein Law Group encourages hip implant recipients to download an informational brochure from its DePuy Hip Recall Information Center to learn more about the DePuy ASR recall and lawsuits.
The U.S. Attorney’s Office in Massachusetts and the Civil Division of the U.S. Justice Department jointly sent Johnson & Johnson an informal request for information about the ASR hip replacement system in August 2012, according to the Washington Post article. In the SEC filing, the article said, Johnson & Johnson indicated it had complied with all requests for documents.
Johnson & Johnson, according to the article, has had to recall more than 30 of its products in the past three-and-a-half years, and in 2007 agreed to pay about $85 million as part of a settlement in a kickback investigation.
The ASR Hip Resurfacing System and the ASR XL Acetabular System were recalled in August 2010 following reports of high failure rates. DePuy said at the time of the recall that the ASR hip replacement system has a 12 percent failure rate, but an Australian device registry found that failure rate to be closer to 40 percent, according to Bloomberg.**
About THE ROTTENSTEIN LAW GROUP
The Rottenstein Law Group is a New York-based firm that represents clients nationwide in mass tort actions. The firm was founded by Rochelle Rottenstein, who has more than two decades of experience as a lawyer, to represent clients hurt by defective medical devices. (Attorney advertising. Prior results do not guarantee a similar outcome.)
The Rottenstein Law Group, LLP
Rochelle Rottenstein, Esq.
321 W. 44th Street
New York NY 10036
(212) 933-9500 (office phone)
(212) 933-9980 (facsimile)
rochelle (at) rotlaw (dot) com