“J&J says that the ASR was recalled because it failed to meet clinical expectations, but mounting evidence suggests that the implant is inherently defective,” said Daniel C. Burke, Senior Litigation Counsel at Parker Waichman LLP.
New York, New York (PRWEB) March 14, 2013
Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective medical devices, is commenting on the latest developments in the DePuy ASR trial currently underway in Chicago. According to a Bloomberg News report published on March 13, 2013, Andrew Ekdahl, president of Johnson & Johnson’s DePuy Orthopaedics unit, testified that the ASR was recalled because it did not meet “clinical expectations.” Johnson & Johnson recalled 93,000 ASR hip implants in 2010 because the metal-on-metal hip replacements were failing in 13 percent of patients within five years.
“J&J says that the ASR was recalled because it failed to meet clinical expectations, but mounting evidence suggests that the implant is inherently defective,” said Daniel C. Burke, Senior Litigation Counsel at Parker Waichman LLP. “Furthermore, it appears that they knew about these defects long before the recall, yet failed to adequately protect consumers.” Mr. Burke says that the alleged flaws of the DePuy ASR are a prime example of why metal-on-metal hip implants are dangerous as a class of medical devices. Parker Waichman LLP has continued to offer free legal advice to patients implanted with such devices, and advises patients to speak with their doctors if they experience any symptoms of complications, such as:
- Metallosis, high levels of metal ions
- Early failure, revision surgery
- Difficulty walking, or a change in your ability to walk
According to Bloomberg News, Ekdahl testified on the third day of the trial. The Plaintiff in this case is Carol Strum, a 54-year old Illinois nurse who was implanted with the ASR in 2008. Her lawsuit, which is the second of nearly 11,000 to go to trial, alleges that the all-metal hip device is defective and caused complications that led to her having to undergo revision surgery three years later (Strum v. DePuy, 2011-L-9352, Circuit Court of Cook County, Law Division (Chicago)). When asked about the recalled DePuy ASR, Ekdahl testified that, “The revision rate was not acceptable.”
Johnson & Johnson’s lawyers said in opening statements that the ASR is not defective, according to Bloomberg News. However, Ekdahl was asked about a document that appears to contradict that assertion. Attorneys for Strum cited a DePuy document from the Health Hazard/Risk Evaluation Review Board that listed explanations for the recall; DePuy checked Class A for “defective product that would affect product performance and/or could cause health problems.” Strum’s attorneys told jurors that the design of the ASR caused it to shed metal chromium and cobalt ions into the bloodstream and surrounding tissue.
Last week, Johnson & Johnson lost the first DePuy ASR case brought to trial. Jurors in Los Angeles ruled that the ASR was defective and awarded $8.3 million to Plaintiff, Loren Kransky, (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County (Los Angeles)).
Parker Waichman LLP continues to offer free legal consultations to victims of DePuy ASR and other 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 recalled DePuy ASR Hip Implant or other metal-on-metal hip implant, please contact their office by visiting the firm's DePuy ASR hip implant injury 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