As DePuy ASR Lawsuits Move Forward, Bernstein Liebhard LLP Notes Calls for FDA Probe of DePuy ASR Recall

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The Firm is actively filing DePuy ASR lawsuits on behalf of individuals who allegedly suffered serious complications, including metallosis and premature device failure, related to the 2010 DePuy ASR hip recall.

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The evidence already disclosed in the course of the DePuy ASR recall litigation has raised disturbing questions about DePuy Orthopaedics’ conduct.

As the first federal bellwether trial of a DePuy ASR hip lawsuit ( prepares to get underway next week, Bernstein Liebhard LLP notes that court documents indicate certain attorneys in these cases are calling on the U.S. Food & Drug Administration (FDA) to launch a probe of the 2010 DePuy ASR recall. According to court filings in DePuy ASR lawsuits, a growing body of evidence indicates that DePuy Orthopaedics may have withheld key data from federal regulators regarding the failure rates associated with the ASR line of metal-on-metal hip implants. (In Re: DePuy Orthopedics Inc., ASR Hip Implant Products Liability Litigation, 10-MD-2197, U.S. District Court, Northern District of Ohio)

“The evidence already disclosed in the course of the DePuy ASR recall litigation has raised disturbing questions about DePuy Orthopaedics’ conduct,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices, including hundreds of clients in DePuy ASR lawsuits. The Firm continues to offer free legal evaluations to anyone who suffered serious complications allegedly associated with the DePuy ASR recall.

DePuy ASR Recall
At least 93,000 metal-on-metal hip implants were affected by the August 2010 DePuy ASR recall. According to the U.S. Food & Drug Administration (FDA), the artificial hips were pulled from the market after data from a United Kingdom joint registry indicated that the 5 year revision rate associated with the devices was approximately 13 percent. Since then, more than 11,000 DePuy ASR lawsuits have been filed in courts around the country, including more than 7,800 pending in a multidistrict litigation underway in U.S. District Court, Northern District of Ohio. That proceeding’s first bellwether trial is scheduled to begin on September 9, 2013.

Elsewhere, two DePuy ASR lawsuits have already gone to trial in state court. In March, a plaintiff was awarded more than $8 million after a Los Angeles Superior Court jury found that the hip implant was defectively designed. (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County) However, a jury in Chicago found for Johnson & Johnson in a second trial just one month later. (Strum v. DePuy, 2011-L-9352, Circuit Court of Cook County) Despite those disparate verdicts, testimony and documents disclosed in the course of both DePuy ASR recall trials indicated that DePuy knew that the artificial hips were defective years before they were pulled from the market. However, that information was not shared with regulators, the public or the medical community.*

Individuals who experienced complications allegedly associated with the DePuy ASR recall may be entitled to compensation for their medical bills, lost wages, pain and suffering, and other damages. Read More about filing a DePuy ASR lawsuit at Bernstein Liebhard LLP’s website. For additional information, please contact one of our attorneys by calling 800-511-5092.

*, The New York Times, April 17, 2013

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.

Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016

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, 800-511-5092. Prior results do not guarantee or predict a similar outcome with respect to any future matter.

Contact Information:
Felecia L. Stern, Esq.
Bernstein Liebhard LLP

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