Documents Unsealed in DePuy ASR Hip Replacement Recall Lawsuit Reveal Johnson & Johnson Knew of Problems Two Years Before DePuy ASR hip Recall. 2011 Internal Analysis Showed 37% Failure Rate at Five Years.
The attorneys of Wright & Schulte LLC, an experienced defective medical device law firm, are disturbed by several documents unsealed this week on the eve of the first-ever DePuy ASR hip replacement recall lawsuit trial in the nation. According to a New York Times Report, the documents raise questions about Johnson & Johnson’s assertions that it had always acted appropriately in its handling of the DePuy ASR Hip Replacement Recall issues. (Kransky v. DePuy, BC456086)
The DePuy ASR Hip Replacement recall was announced in August 2010 after data revealed the ASR replacement hips were failing in 12-13% of patients within just five years. Wright & Schulte LLC is offering free DePuy ASR Hip Replacement lawsuit evaluations to DePuy ASR hip replacement recipients who suffered serious complications including:
- Loosening of the implant
- High levels of chromium and cobalt ions in their blood
- Premature failure resulting in revision surgery
First DePuy ASR Hip Replacement Trial
Since the DePuy ASR hip replacement recall, thousands of recipients of the defective hip replacements have filed DePuy ASR Hip Replacement lawsuits against Johnson & Johnson and its DePuy Orthopaedics subsidiary. Opening statements in the first DePuy ASR hip replacement trial in the nation began Friday in Califorina Superior Court, Los Angeles, according to The New York Times. Earlier in the week, the judge overseeing the proceeding unsealed several motions that included excerpts of depositions by company officials and other internal Johnson & Johnson documents that provide new insight into the way the DePuy ASR hip replacement recall was handled. One of those documents included a deposition from a DePuy engineer who testified that company officials were aware in 2008 of reports by an English surgeon that the resurfacing version of the ASR replacement hip was releasing high levels of metallic ions in patients. But rather than take any action to protect or inform patients and doctors, Johnson & Johnson merely discussed moving quickly to redesign the ASR replacement hip implant.
The unsealed motions also revealed a 2011 company analysis that found 37% of patients implanted with a DePuy ASR hip replacement would suffer failure of their implant within five years. According to the Times, hip replacement implants are designed to last around 15 years, and typically have a failure rate of just 5% at five years. Not only was the Johnson & Johnson analysis never made public, but the company publically disputed similar findings in a report published by a British joint registry that same year. Most disturbingly, the failure rate seen in the Johnson & Johnson study suggests that the DePuy ASR hip replacement is likely to fail prematurely over the next few years in thousands of additional patients.
DePuy ASR Hip Replacement Recall Lawsuits
According to the Times, Johnson & Johnson and DePuy have been named in more than 10,000 DePuy ASR hip replacement lawsuits. At least 2,000 are pending in California Superior Court, but most have been filed in a federal litigation underway in U.S. District Court, Northern District of Ohio. The first bellwether trials in the federal DePuy replacement hip litigation are scheduled to begin in the spring. According to a recent Bloomberg report, Johnson & Johnson is said to have offered to pay more than $2 billion, or an average of $200,000 per case, to settle the DePuy ASR hip replacement litigation. However, plaintiffs’ attorneys have rejected that offer as being too low. (In re DePuy Orthopedics Inc., ASR Hip Implant Products Liability Litigation, and MDL 2197)
About Wright & Schulte LLC
Wright & Schulte LLC, an experienced defective replacement hip law firm, is dedicated to the belief that America’s legal system should work for the people. Every day, the attorneys of Wright Schulte LLC stand up for the rights of people who have been injured or wronged, and fight tirelessly to ensure that even the world’s most powerful corporations take responsibility for their actions. If you’re looking for a law firm that will guarantee the aggressive and personal representation you deserve, please do not hesitate to contact Wright & Schulte LLC today. Free DePuy ASR Hip Replacement lawsuit evaluations are available through yourlegalhelp.com, or call 1-888-365-2602.
Wright Schulte LLC
865 S. Dixie Dr.
Vandalia, Ohio 45377