New York, New York (PRWEB) April 16, 2013
DePuy hip replacement lawsuits stemming from the 2010 DePuy ASR hip recall continue to move forward in federal and state courts throughout the country, Bernstein Liebhard LLP reports. According to Bloomberg.com, closing statements were delivered yesterday in the nation’s second trial involving a DePuy hip recall lawsuit, with the Plaintiff’s attorney urging the Illinois state jury to award more than $5 million, plus punitive damages, to the recipient of a failed ASR hip.* According to her lawsuit, the Plaintiff received her ASR hip in 2008, only to have it fail just three years later. Despite undergoing revision surgery to remove and replace the implant, she continues to suffer pain, her attorney said. (Strum v. DePuy, 2011-L-9352, Circuit Court of Cook County)
“We have been monitoring this trial very closely, as the injuries alleged by the Plaintiff echo what we have heard from our own DePuy hip recall lawsuit clients. The outcome of this case could help gauge how juries will rule in similar claims,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm is currently representing scores of clients in DePuy hip replacement lawsuits, and continues to offer free case evaluations to alleged victims of the DePuy ASR hip recall.
DePuy ASR Hip Recall
Court records indicate that more than 11,000 DePuy hip replacement lawsuits have been filed in state and federal court since the 2010 DePuy ASR hip recall. The metal-on-metal hip replacements were recalled after they were found to be failing early in an unacceptably high number of patients. During the Illinois trial, jurors were told of a study that showed 47 percent of the ASR implants failed after seven years, while another report showed a 37 percent failure rate, according to Bloomberg.* During yesterday’s closing statements, the Plaintiff’s lawyer asserted that Johnson & Johnson and its DePuy Orthopaedics unit knew as early as 2007 that the ASR was “doomed.” The attorney also told jurors that blackened tissue observed during the Plaintiff’s revision surgery, as well as elevated levels of metal ions in her bloodstream, proved that the defectively designed hip was shedding dangerous levels of metallic debris into her body.
The Illinois case is the second DePuy hip recall lawsuit to be heard by a jury. On March 8th, a Los Angeles Superior Court jury awarded $8.3 million in compensatory damages to a retired prison guard, after finding the design of the ASR was defective and that DePuy failed to warn of the risks. (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County)
The DePuy ASR hip recall raised questions about the safety of all metal-on-metal hip implants, in which the ball and cup are made from a chromium cobalt alloy. In February 2011, the U.S. Food & Drug Administration (FDA) launched a safety review of metal-on-metal hip implants. In January, the agency advised doctors to consider metal ion testing in those experiencing symptoms of hip implant failure. The FDA also said it had proposed a new rule that would make all-metal hips ineligible for the agency’s 510(k) clearance process, which allowed the devices to come to market without human testing.**
Bernstein Liebhard LLP is actively filing DePuy ASR hip replacement lawsuits in a multidistrict litigation underway in U.S. District Court, Northern District of Ohio. According to court records, the first trials in that litigation are to begin this spring. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)
Alleged victims of the DePuy ASR hip recall may be entitled to compensation for medical bills, lost wages, pain and suffering and more. To learn more about filing a DePuy hip replacement lawsuit, please visit Bernstein Liebhard LLP's website, or call 1-877-779-1414 for a free legal consultation.
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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Felecia L. Stern, Esq.
Bernstein Liebhard LLP