DePuy ASR Bellwether Case Settled Before Trial

Johnson & Johnson Settles Early on DePuy ASR Bellwether Case

ASRJohnson & Johnson, the pharmaceutical manufacturer that owns DePuy Orthopedics, has agreed to settle the first DePuy ASR all-metal hip replacement personal injury bellwether case before it was scheduled to go to trial.

The DePuy ASR hip replacement trial was scheduled to begin October 15th. It was the first bellwether case for the multidistrict litigation (MDL) for the thousands of personal injury cases related to the DePuy ASR device’s failure after surgery. The plaintiff, Robert Ottman, in the case alleged that DePuy knew about the dangers of their ASR model all-metal device, but failed to warn surgeons and doctors before the device was recalled in 2010.

According to court documents, Ottman had to undergo revision surgery in November 2011 to replace the DePuy ASR XL implant after the cup on the device “detached, disconnected, created metallic debris, and/or loosened from patient’s acetabulum.”

Bellwether trials in other DePuy ASR all-metal hip device cases have settled in favor of the plaintiff, including the landmark decision in March in the case of plaintiff Loren Kransky, whose DePuy ASR device failed so badly that he had to undergo 25 surgical procedures to correct the device, and it was finally removed in 2012. He was awarded $8.3 million for medical costs and personal injury.

Johnson & Johnson Considering Settlement in DePuy ASR MDL

Because there are 11,500 personal injury lawsuits related to the DePuy ASR all-metal hip replacement devices, Johnson & Johnson is reportedly considering a settlement of $3 billion, which would amount to $300,000 per plaintiff.

In 2010, the company recalled 93,000 all-metal hip replacement devices, manufactured by their subsidiary company, DePuy Orthopedics. That included a recall of 37,000 devices in the US. The company claimed initially that the recall was due to low sales figures, making the continued manufacture of the all-metal hip devices unappealing, but it turned out that 12% of the devices failed within the first five years after hip replacement surgery.

The Strom Law Firm Is Investigating Personal Injury Caused by DePuy’s All-Metal Hip Devices

The DePuy Orthopedics all-metal ASR and Pinnacle devices are supposed to last close to fifteen years, but have been found to have a 12-13 percent failure rate within the first five years after implantation. This failure rate is almost double the industry average. Some physicians believe that the implant has a fundamental design defect that makes it difficult to implant.

In the last three years, the FDA has received more than 300 complaints of problems with the implants, such as:

  • Pseudotumors from metal debris
  • Allergic reactions
  • Permanent muscle and tissue damage
  • Loose hip cups
  • Hip dislocations
  • Bone fractures

The DePuy implants are failing after only two or three years, and as a result requiring expensive and painful surgical procedures to have the implant replaced or repaired.

If you or a loved one has received a metal hip replacement device, specifically from DePuy Orthopedics, and have since suffered painful side effects, you may be entitled to compensation. The attorneys at the Strom Law Firm can help. We offer free, confidential consultations to discuss the facts of your case, so do not hesitate to contact us. 803.252.4800.

About Pete Strom

Defending criminal charges including drug crimes, DUI, CDV, mail fraud, wire fraud, bank fraud, computer crimes, money laundering, and juvenile crimes, Pete also handles Federal and State investigations. Representing individuals in Civil Matters including Class Actions, Personal Injury, Qui Tam Actions, Defective Products, Nursing Home Neglect, and Professional Licensing Defense cases. Joseph Preston “Pete” Strom, Jr., the managing partner at Strom Law Firm, L.L.C., has been fighting for justice since 1984.

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