Metal-on-Metal Hip Implants: Bernstein Liebhard LLP Comments on Opening Statements in Illinois DePuy ASR Trial

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The Firm is representing clients in metal-on-metal hip Implant claims, including DePuy ASR hip recall lawsuits, DePuy Pinnacle hip replacement lawsuits, and Biomet hip replacement lawsuits, as well as in claims stemming from the Stryker Rejuvenate hip recall.

Bernstein Liebhard LLP | Consumer Injury Lawyers
This case, coupled with the findings in the Los Angeles trial, could shed light on how juries might rule in similar metal-on-metal hip replacement lawsuits

Another metal-on-metal hip implant lawsuit went to trial this week, with an Illinois jury hearing opening arguments in a DePuy ASR trial in Cook County Circuit Court, Bernstein Liebhard LLP reports. Court records indicate the trial is the second in the nation involving the ASR hip to get underway. Earlier this month, another jury hearing a metal-on-metal hip implant lawsuit in Los Angeles Superior Court awarded $8.3 million to an ASR recipient. (Strum v. DePuy, 2011-L-9352, Circuit Court of Cook County; Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County)

According to, during opening statements in the Illinois case, the Plaintiff’s attorney claimed that DePuy Orthopaedics knew two years before the metal-on-metal hip replacement was recalled that the ASR was flawed, and that metal particles shed from the hip could cause tissue death and the need for revision surgery. While DePuy claimed the all-metal design of the ASR would allow it to last longer than other artificial hips, the Plaintiff had to have her implant replaced just three years after implantation.*

“We are pleased that these cases are reaching the trial stage and look forward to the outcome of the Illinois case as well as the upcoming MDL trials. This case, coupled with the findings in the Los Angeles trial, could shed light on how juries might rule in similar metal-on-metal hip replacement lawsuits,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm is currently representing clients in DePuy ASR recall lawsuits, DePuy Pinnacle hip replacement lawsuits, and Biomet hip replacement lawsuits involving the M2a Magnum device, as well as claims stemming from the July 2012 Stryker Rejuvenate hip recall.** Bernstein Liebhard LLP also offers free case evaluations to individuals affected by the June 2012 Smith & Nephew metal liner recall***, and continues to investigate cases concerning the Wright Profemur and Conserve metal hip implants.

Metal-on-Metal Hip Replacement Lawsuits
According to, the DePuy ASR was recalled in August 2010, after it was found to be failing early 12-13% of patients. Current estimates now indicate the metal-on-metal hip implants could fail in more than 40% of recipients within five years of implantation.    Since the recall, more than 10,700 metal-on-metal hip replacement lawsuits have been filed against Johnson & Johnson and its DePuy Orthopaedics unit.

Following the DePuy ASR recall, the U.S. Food & Drug Administration (FDA) launched a safety review of metal-on-metal hip implants. In January, the agency issued new guidance for patients fitted with such devices, advising 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 such devices to come to market without human testing.****

Bernstein Liebhard LLP is actively filing DePuy ASR hip recall lawsuits in the 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) Bernstein Liebhard LLP partner, Jeffrey S. Grand, is serving on the Plaintiffs’ Steering Committee for a second multidistrict litigation established in U.S. District Court, Northern District of Texas for metal-on-metal DePuy Pinnacle hip replacement lawsuits. (In re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation - MDL No. 2244)

The firm is actively filing claims in a multidistrict litigation for Biomet hip replacement lawsuits that is currently underway in U.S. District Court, Northern District of Indiana (In re: Biomet M2a Magnum Hip Implant Products Liability Litigation – MDL No. 2391), and in a multicounty litigation recently established in New Jersey Superior Court for claims involving the Stryker Rejuvenate hip recall. (In re Stryker Rejuvenate Hip Stem and the ABG II Modular Hip Stem Litigation, No. 296)

Individuals who experienced complications allegedly associated with the DePuy ASR or other metal-on-metal hip implants may be entitled to compensation for their medical bills, lost wages, pain and suffering, and other damages. A wealth of information about filing a metal-on-metal hip implant lawsuit is available on Bernstein Liebhard LLP’s website, 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.

Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016
(877) 779-1414

ATTORNEY ADVERTISING. © 2013 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, (212) 779-1414. Prior results do not guarantee or predict a similar outcome with respect to any future matter.

Contact Information:
Felecia L. Stern, Esq.
Bernstein Liebhard LLP

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