New York, New York (PRWEB) January 28, 2013
Internal documents disclosed on Friday during the nation’s first trial in a DePuy ASR hip implant lawsuit revealed that Johnson & Johnson knew years before the devices were recalled that the ASR suffered from a design flaw that caused it to wear and shed large quantities of metal debris, Bernstein Liebhard LLP reports. According to The New York Times, the documents disclosed in Los Angeles Superior Court also indicate the company had received numerous complaints from doctors about the ASR, even as it started marketing a version of the metal-on-metal hip in the U.S. in 2005. In addition, the ASR failed an internal test in 2007 in which engineers compared its performance to that of another of the company’s hip implants to determine whether they had similar rates of wear. (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County)*
While records indicated that executives at Johnson & Johnson’s DePuy Orthopaedics unit discussed redesigning the ASR hip to correct the design flaw, they never did so, according to the Times. The company did suspend sales of the hips in 2009, but cited slowing sales as the reason. As late as mid-2010, DePuy officials insisted the ASR was working well. Months later, in August 2010, the DePuy ASR hip recall was announced after the hips were found to be failing in 12-13% of recipients within just five years.
“It’s about time these documents were made public. They are just further evidence that Johnson & Johnson and DePuy did not do enough to protect patients from these dangerous hip implants,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm is investigating DePuy ASR hip lawsuits on behalf of plaintiffs affected by the August 2010 recall, and continues to offer free legal evaluations on behalf of individuals allegedly injured by ASR hips.
DePuy ASR Hip Lawsuits
According to the Times, DePuy and Johnson & Johnson are facing more than 10,000 claims stemming from the DePuy ASR hip recall. Some 2,000 are pending in a consolidated litigation in California Superior Court, while most have been filed in a multidistrict litigation underway in U.S. District Court, Northern District of Ohio. The first trials in the federal DePuy ASR litigation are expected to begin this spring. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197). A second state-level trial is also slated to start in February in the Circuit Court of Cook County, Illinois. (In Re DePuy ASR Hip Litigation, No. 10-L-10506) Juries will begin hearing claims in a consolidated litigation underway in New Jersey’s Bergen County Superior Court in the fall. (In Re DePuy ASR Hip Implants Litigation, BER-L-3971-11)
Last week, The New York Times also reported that additional court documents unsealed ahead of the California trial included an internal analysis conducted by Johnson & Johnson in 2011 that indicated the recalled hip implants are likely to fail in nearly 40% of recipients within just 5 years of implantation. Other documents show that the company received clinical data in 2008 showing "extreme" levels of metal ions in patients who received the ASR device when compared with patients who received a product from a rival company.**
Bernstein Liebhard LLP is actively filing claims in the federal DePuy ASR litigation. In addition, partner Jeffry Grand is serving on the Plaintiffs’ Steering Committee in the federal DePuy Pinnacle litigation underway in U.S. District Court, Northern District of Texas. That proceeding involves a metal-on-metal version of the Pinnacle Hip Replacement System that utilizes the Ultamet liner. Court documents indicate that the first trial in the DePuy Pinnacle litigation is scheduled for September 2014. (In re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation - MDL No. 2244)
Bernstein Liebhard LLP is offering free lawsuit consultations to anyone allegedly injured as a result of the DePuy ASR hip and the all-metal Pinnacle device. A wealth of information regarding DePuy hip implant lawsuits 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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Bernstein Liebhard LLP