DePuy ASR Trial Update on Expert Witness Testimony: Multiple Design Defects Cause Hip Failure, Recounts Parker Waichman LLP

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This week jurors heard an expert witness testimony stating that the DePuy ASR hip implant had multiple design defects that cause it to fail more than other hip replacements. Parker Waichman LLP offers free legal advice to patients implanted with the DePuy ASR and other metal-on-metal hip implants.

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“Bobyn’s testimony helps confirm that the DePuy ASR is a defective device that injured Kransky and thousands of others.” said Daniel C. Burke, Senior Litigation Counsel at Parker Waichman LLP.

Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective medical devices, is commenting on the latest DePuy ASR trial developments reported by Bloomberg News. According to a Bloomberg News article published on February 6th, jurors in Los Angeles state court heard testimony from Dennis Bobyn, a McGill University professor. During his testimony, Bobyn said that the DePuy ASR had several design defects that cause it to fail more often than other hip implants.

“Bobyn’s testimony helps demonstrate that the DePuy ASR is a defective device that injured Kransky and thousands of others.” said Daniel C. Burke, Senior Litigation Counsel at Parker Waichman LLP. “The issues seen with the DePuy ASR, including the excessive release of metal ions, are representative of the problems common to metal-on-metal hip implants as a class of medical devices.” 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:

  •     Pain
  •     Swelling
  •     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

Bloomberg News reports that Bobyn testified on behalf of Loren Kransky, a 65-year old former corrections officer who is suing over his allegedly defective DePuy ASR hip implant. The case, Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County (Los Angeles), is the first of approximately 10,000 DePuy ASR lawsuits to go to trial. According to the article, Bobyn agreed that the metal-on-metal hip implant had multiple design defects that, either alone or together, caused the ASR to fail at higher rates compared to other hip replacements. Bobyn also said that, in his opinion, the risks of the ASR far outweighed any claimed benefits and that its defective nature caused it to shed excessive cobalt and chromium ions.

Bobyn said that part of the ASR’s defective nature can be attributed to the cup shape, which is less than half a circle and has thin walls. Bobyn stated that “Because it has the geometry that it does, it is susceptible to changing shape as it is forced into a patient’s pelvis,” Bloomberg News reports. “If I have a larger object that has to go into a smaller hole, something has to move.”

Johnson & Johnson’s DePuy Orthopaedics unit issued a global recall of 93,000 ASR hips in 2010, stating that the metal-on-metal devices failed in 13 percent of patients within five years. Kransky’s attorneys have stated that an Australian national registry shows that the failure rate last year was more than 40 percent.

The U.S. Food and Drug Administration (FDA) has recently addressed the risks of metal-on-metal hip implants, such as the DePuy ASR. On January 17th, the agency issued new guidelines for patients implanted with all-metal hip systems, advising physical examinations, diagnostic imaging, and metal ion testing, as needed. The FDA has also proposed new guidelines that would require metal hip makers to prove that their hip implants 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 Free case evaluations are also available by calling 1 800 LAW INFO (1-800-529-4636).

Parker Waichman LLP
Gary Falkowitz, Managing Attorney
(800) LAW-INFO
(800) 529-4636

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Gary Falkowitz
Parker Waichman LLP
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