Federal Judge Schedules DePuy ASR All-Metal Hip Replacement Lawsuit After 2-week Delay
The first federal-level trial against Johnson & Johnson’s DePuy ASR all-metal hip replacement device has finally been scheduled, after a two week delay.
US District Judge David Katz scheduled the case to begin on Monday, September 23rd. The DePuy personal injury case has been brought forward by Ann McCracken, 58-years-old, who reportedly had hip replacement surgery in August 2009 and received a DePuy ASR all-metal hip replacement device. One year later, the device was subject to a recall from the manufacturer.
In her complaint, McCracken claims that the all-metal hip device caused her severe pain, as well as mobility issues. She had to have two revision surgeries, one in January 2011, and the other just a few months later in October 2011. She claimed in her personal injury case that the DePuy ASR devices are “not reasonably safe” and she called her all-metal hip implant “defective.” She alleges that, as a result of the procedure, “she suffered and continues to suffer serious bodily injury and was forced to undergo revision surgery on or around Jan. 17, 2011,” according to court documents.
The lawsuit also claims that DePuy was negligent when it released the all-metal hip ASR device on the market in 2005, because the company did not perform proper clinical trials. DePuy knew the device was defective based on complaints, but failed to warn doctors and surgeons of the potential for failure until the recall in 2010.
McCracken seeks in excess of $75,000 actual damages. The jury can also consider punitive damages if DePuy is found liable.
McCracken’s trial is one of a handful of bellwether trials scheduled against DePuy for both its ASR and Pinnacle all-metal hip replacement devices. The ASR and Pinnacle personal injury lawsuits have been divided into separate MDLs.
This latest bellwether case was originally scheduled to begin in July 2013, but was first postponed until September 6th, then for another two weeks. The additional two-week adjournment to Sept. 23 is intended to provide time for “additional discovery and the consideration of additional legal matters,” according to the order.
First Bellwether Case Went to Plaintiff, Could Set Standard Against DePuy
The first DePuy all-metal hip device personal injury bellwether case concluded in favor of the plaintiff, Loren Kransky, a retired prison guard and Vietnam veteran who had hip replacement surgery in 2007, and after 25 revision surgeries and a host of related health problems – including infection, metallosis, and liver damage – he finally had the device removed in 2012. Kransky was awarded $8.3 million – $338,136 for healthcare costs, and $8 million for emotional pain and suffering. However, the jury also ruled that, despite the tragedy that happened to Kransky, J&J/DePuy Orthopedics did not commit fraud or have malicious intent when creating and selling the all-metal hip replacement devices. If they had, punitive damages in the case could have amounted to an additional $179 million for Kransky.
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 hip 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.