Defective Hip Implant Award - Consumer Justice Foundation

Defective Hip Implant Award

Written by Faith Anderson on June 6, 2013
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DePuy ASR Lawsuits Pending in Courts Nationwide

Upon the conclusion of the hip implant trial in March, attorneys representing DePuy asked Judge J. Stephen Czuleger to reverse the verdict and grant a new trial. The medical device maker argued that the evidence presented during the trial was not sufficient to justify the jury’s finding. Late last month, Judge Czuleger rejected DePuy’s request, ruling that, based on the evidence presented at trial, it was reasonable for the jury to find that the ASR hip implant was defective and that DePuy breached its duty to warn Kransky and other consumers about the risks associated with the device. There are more than 10,000 similar DePuy ASR lawsuits pending in state and federal courts throughout the United States, involving similar claims filed on behalf of patients who suffered problems associated with the defective hip replacement system.

FDA Announces ASR Hip Implant Recall

The majority of the ASR hip implant lawsuits were filed after the U.S. Food and Drug Administration (FDA) announced a recall of the medical device in August 2010, at which point the manufacturing company finally acknowledged that post-marketing data suggested an abnormally high failure rate with the metal-on-metal hip replacement system. While initial reports issued by the company indicated a failure rate of 12-13%, experts estimated that closer to 30% of devices failed within six years of the initial surgery. During the ASR hip implant trial, an internal email suggested that DePuy Orthopaedics had come to the same conclusion prior to issuing the ASR recall in 2010.

A Reputable Attorney Can Help You File a Claim

Complaints involving DePuy’s ASR hip implant filed in U.S. District Courts throughout the country have been consolidated for pre-trial proceedings as part of a multidistrict litigation, or MDL, which will be centralized before U.S. District Judge David Katz in the Northern District of Ohio. Although initial reports indicated that Johnson & Johnson planned to pay an average of $200,000 per case to resolve the defective hip implant litigation, lawyers representing the injured consumers rejected the company’s settlement offers, arguing that the device maker was not offering adequate compensation for the injuries caused by its defective hip implant. If you have suffered a major injury or medical condition that you believe to be caused by a potentially defective medical device like the DePuy ASR hip implant, consult an experienced lawyer in your area for legal help.

Source: http://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/ImplantsandProsthetics/MetalonMetalHipImplants/ucm241770.htm#2

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