“Again, we have evidence that Johnson & Johnson was aware of problems with the ASR hip implant prior to the recall in 2010,” said Daniel C. Burke, Senior Litigation Counsel at Parker Waichman LLP.
(PRWEB) February 08, 2013
Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective medical devices, recounts the latest DePuy ASR trial developments reported by Bloomberg News. Bloomberg News reported on February 7th that James Anderson, a bioengineer for Johnson & Johnson’s DePuy unit, testified in Los Angeles state court at the trial of Loren Kransky, whose DePuy ASR lawsuit is the first of 10,000 to go to trial (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County). According to his videotaped testimony, Anderson worked on redesigning the ASR hip implant for three years before the project was ended. Anderson testified that he found ways to decrease wear on the cup, but no changes were ever made to the now-recalled metal-on-metal hip implant.
“Again, we have evidence that Johnson & Johnson was aware of problems with the ASR hip implant prior to the recall in 2010,” said Daniel C. Burke, Senior Litigation Counsel at Parker Waichman LLP. “Despite knowing that this hip replacement has a high rate of wear, J&J did not actually make the necessary changes to try and improve the ASR.” Parker Waichman continues to offer free legal consultations to hip replacement patients implanted with the DePuy ASR, along with other all-metal hip replacements. The firm advises hip replacement patients to speak with their surgeons if they experience symptoms such as:
- Difficulty walking, or a change in your ability to walk
- Popping, creaking, or other sounds emanating from the area of the implant
- Metallosis, high levels of metal ions
- Early failure, revision surgery
According to Bloomberg News, this week jurors heard a videotaped testimony from Anderson stating that he was disappointed when the project to redesign the DePuy, known as “Project Alpha,” ended in 2008 without any changes to the all-metal hip implant. Anderson joined a team to study the “next generation ASR” in 2005. On April 7, 2008 he wrote to a superior, stating that “a small improvement to geometry could represent a large improvement for many patients.” In a separate document he wrote that by removing the groove on the ASR cup, wear on the cup “is approximately threefold less than the original design with the groove.”
Johnson & Johnson never implemented any changes to the ASR hip implant, which was recalled in 2010 due to a high failure rate. At the time of the recall, the company said that the implant failed in 12 percent of patients within five years. More recent data from an Australian national joint registry showed that the failure rate exceeded 40 percent.
This week, jurors also heard an expert witness testimony from a McGill University professor who stated that the ASR implant had a number of design defects causing it to fail more than other hip replacements. He said that cup shape, which is less than half a circle and has thin walls, attributed to the defective nature of the implant.
The U.S. Food and Drug Administration (FDA) has issued new guidelines for patients implanted with metal-on-metal hip implants such as the DePuy ASR. In a Safety Communication issued January 17th, the agency advised physical examinations, diagnostic imaging and metal ion testing as needed. The FDA is also looking to tighten regulations on all-metal hip replacements that would require manufacturers to prove the devices are safe and effective before selling them.
Parker Waichman LLP continues to offer free legal consultations to victims of metal-on-metal hip implant injuries. If you or a loved one experienced premature failure of your implant or other health problems associated with a metal-on-metal hip implant, please contact their office by visiting the firm's Defective Hip Implants page at yourlawyer.com. Free case evaluations are also available by calling 1 800 LAW INFO (1-800-529-4636).
Parker Waichman LLP
Gary Falkowitz, Managing Attorney