Johnson & Johnson to Pay $8.3 Million in First DePuy ASR Lawsuit

On Friday, a Los Angeles jury ordered Johnson & Johnson to pay more than more $8.3 million to a man who suffered serious injuries from one of the company’s hip implants. This case is the first of more than 10,000 lawsuits that have been filed against the company for faulty hip implants, according to The New York Times.

The next trial involving the DePuy ASR XL is scheduled to begin on Monday in Chicago. Many more are expected to follow later this year. According to The New York Times, thousands of cases have already been consolidated in a large proceeding in an Ohio Federal District Court, and the case that was resolved on Friday could potentially shape the framework for settling many of the cases to follow.

The plaintiff, Loren Kransky, is a retired Montana prison guard. The jury ordered Johnson & Johnson to pay him $338,000 for his medical expenses and another $8 million for his emotional pain and suffering. The jury did not award him any punitive damages, however, as it did not find that Johnson & Johnson acted in malice.

During the trial, an internal memo was introduced, stating that some 40 percent of patients who received a DePuy ASR implant are expected to require revision surgery because of problems caused by the defective implants.

In addition to design defects, the hip implants pose a risk of metal poisoning to patients. This is because the implants are made of all metal components. As the metal parts rub against each other, tiny debris is shed from the implants into the patients’ bodies, creating the potential for tissue, nerve and organ damage.

“During the trial, Kransky’s lawyers told jurors that black pieces of metal flaked off the implant and caused a type of poisoning that could have killed him if the material had not been removed,” reported ABC News.

This lawsuit is only the beginning. Johnson & Johnson reportedly told the Securities and Exchange Commission that there are more than 10,750 ASR lawsuits.

To speak with a DePuy hip implant lawyer about your experience with a DePuy ASR implant, contact Our lawyers are experienced hip implant lawyers and can help you get the compensation you need and deserve. We represent individuals who have suffered as a result of defective hips across the country.


FDA Discusses the Safety of Metal-on-Metal Hip Implants

The U.S. Food and Drug Administration (FDA) held an advisory meeting last month to discuss the safety of metal-on-metal hip implants. The agency asked its members to come up with guidelines for monitoring patients with metal hip implants.

According to an article published by the Huffington Post , the FDA said that there are few, if any, cases that it would recommend using a metal-on-metal implant. The implants have been reportedly failing at a higher rate than implants made from other materials, and have been causing harm to patients.

To date, the FDA has received about 17,000 reports of problems with metal implants, many of which required patients to undergo painful revision surgery.

Most of the problems have been associated with metal shavings that are shed from the implants. When metal particles are shed from the implants, they can cause damage to the surrounding bone and tissue. Long term damage can also include neurological and heart problems.

DePuy Orthopaedics, a Johnson & Johnson company, recalled more than 90,000 metal-on-metal hip implants in August 2010 due to reports of problems. The ASR™ hip implant system was failing at a much higher rate than normal, according to the recall.

The FDA has not said whether it will recall any other metal hip implants.

The agency said that patients who experience pain should get regular blood tests and X-rays. Earlier this year, regulators in the U.K. said that anyone with a metal-on-metal hip implant should get tested for metal in their blood every year.


Huffington Post

Wall Street Journal

If you or someone you love has undergone revision surgery after receiving a metal-on-metal hip implant, you might qualify for compensation. To schedule a free review of your case, contact our DePuy hip implant lawyers today.

Almost Half of DePuy’s Hip Implants Will Fail, Say U.K. Surgeons

The failure rate of the recalled DePuy hip replacement systems ranges from 21 percent after 4 years to 49 percent after 6 years, says a British orthopedists’ group. According to The British Orthopedic Association and the British Hip Society, the failure rate of the ASR™ XL Acetabular System is four times what Johnson & Johnson’s DePuy unit said at the time of the recall.

DePuy Orthopaedics recalled two hip systems in August 2010 because of a high failure rate. At the time of the recall, the company claimed that the failure rate of the ASR™ XL Acetabular System was 13 percent after 5 years.

New data shows a significantly higher failure rate than what the company claimed. The data is based on findings from four surgeons in the U.K.

“It’s probably the best indicator so far of what the failure rate is likely to be,” said John Skinner, an orthopedic surgeon and chairman of the group’s expert advisory group on metal bearing hips. “As far as I can tell, it’s reliable.”

According to Bloomberg, Skinner said the data couldn’t be published until it undergoes required peer review.

DePuy Orthopaedics, which is responsible for hip implants and spinal-care, brought in $5.59 billion in sales in 2010. According to Bloomberg, the money accounts for 9.1 percent of Johnson & Johnson’s total revenue.

About 37,000 ASR™ XL Acetabular Systems were implanted in the U.S. Some 10,000 recalled hip systems were implanted in the U.K. This number includes about 5,000 ASR™ Hip Resurfacing Systems, which were only available outside the U.S.

Data showing the higher failure rate was presented at the British Hip Society Annual Conference last month.

Johnson & Johnson is facing hundreds of lawsuits for failed hip devices. Claimants are seeking compensation for medical costs, lost wages, and pain and suffering.

For more information, contact a DePuy hip implant lawyer.

DePuy Orthopaedics President to Resign

Johnson & Johnson (J&J) announced the resignation of David Floyd, president of DePuy Orthopaedics in March 2011. DePuy is a part of J&J’s Medical Devices & Diagnostics group. Floyd, who has headed up DePuy since 2007, is leaving to pursue other interests, says J&J.

DePuy has confronted numerous problems since it recalled two of its hip implant devices, the ASR™ XL Acetabular System and the DePuy ASR™ Hip Resurfacing System, in August 2010.

Hip implants are expected to last a minimum of 15 years. According to reports, the recalled DePuy systems are failing at a rate of 12 to 13 percent within five years of transplantation. When a hip implant fails, patients will require revision surgery to fix the problems with the implant.

Patients with failed hip implants have reported pain in the area where the hip was implanted, loosening of the implant, and difficulty walking and/or standing. In addition, surgeons have complained that the devices are difficult to implant because of their configuration.

Another problem with the implant is its metal-on-metal design. The devices are made so that the moveable parts of the implant can glide more smoothly against each other. But, the metal-on-metal friction is causing debris to be cast off by the implants and inflame other body tissues.

To date, 93,000 of the recalled hip implants have been implanted in patients around the world. Doctors are being asked to contact their implant patients so that their implants can be evaluated.

DePuy is facing more than 500 lawsuits at this time filed by patients and their loved ones for the hip transplant failures. Claimants contend the implants have caused pain and suffering in addition to costly medical care.

Last year, DePuy’s profits reached $5.59 billion. Earnings in the last quarter declined, however, due to decreasing sales and a growing number of lawsuits.

DePuy Orthopaedics, Inc., was established in 1895 to help patients retain, restore, and improve their ability to move. The company is headquartered in Warsaw, Indiana. Products include treatments for hips, knees, extremities, trauma, and the operating room, plus bone cement.

DePuy, whose motto is “never stop moving,” includes a number of companies in addition to DePuy Orthopaedics, Inc. They are Spinal Care-DePuy Spine, Inc., Sports Medicine-DePuy Mitek, Inc., and Neuroscience Therapies-Codman & Shurtleff, Inc.

For more information, contact a DePuy hip implant lawyer today.

New Registry Intends to Identify Hip Replacement Problems Early

The American Academy of Orthopaedic Surgeons (AAOS) is working on launching a registry to keep track of hip and knee implant problems across the U.S. The American Joint Replacement Registry (AJRR) intends to identify potential problems with artificial joint replacement systems as early as possible.

The registry will work by keeping track of general details about hip and knee implant systems, the patients who receive them, and the surgeons who perform surgery to implant them. According to reports, the AJRR will begin this month in 15 hospitals and will eventually expand to the 5,000 hospitals that perform these types of replacement procedures throughout the U.S.

The creation of the registry follows recent reports involving problems with knee and hip replacement systems. The most recent of which involves two hip replacement systems made by DePuy Orthopaedics, a division of Johnson & Johnson.

The DePuy ASR™ XL Acetabular Cup system (total hip replacement system) and the ASR™ Hip Resurfacing system (not sold in the U.S.) have been recalled because of early failure rates. The registry plans to identify problems early on so less people are affected. Roughly 93,000 people received the recalled DePuy hip systems.

For more information, contact our DePuy recall attorneys today.

Class Action Lawsuit Filed Against DePuy

A class action lawsuit has been filed against DePuy Orthopaedics for its faulty hip implants. The two implant systems are the ASR™ XL Acetabular System (sold worldwide) and the ASR™ Hip Resurfacing System (sold only outside the United States). DePuy is a unit of Johnson & Johnson.

The two systems are, reportedly, prone to early failure. Normal hip implants are expected to last from 10 to 15 years. There have been reports that the two DePuy systems have been failing after only two to three years in 12 to 13 percent of the patients receiving them. DePuy has sold 93,000 of the hip implants around the world. Potentially thousands of persons will be filing claims against the company.

The firm bringing the class action is working with a team of doctors, nurses and others who will be working on behalf of each patient to investigate the reasons for the failures. The causes for each case of failure are unique, but generally DePuy hip implant lawsuits are for patients who say they’ve been experiencing pain, having trouble walking and need revision surgery to remove and replace the implants.

Indications of a failing implant include pain, swelling, the sensation that the implant is out of place, difficulty rising to a standing position when sitting and clicking or popping noises when walking. Continuing symptoms can indicate that the bone around the implant has fractured, that the implant has loosened, or that the ball and socket have dislocated.

The claim states that DePuy patients have been deceived about the cost of fixing the failed hips.  To even be considered for reimbursement of medical costs, patients had to release their medical records, while DePuy refuses to release their findings to the patients. Thus, patients and their representatives cannot have access to crucial evidence regarding the defective products.

The class action also claims that by requiring patients to release their medical records to be even considered for reimbursement, patients were led to believe they would be repaid.

Members of the class might be entitled to reimbursement for revision surgeries, economic as well as other damages and payment for medical monitoring procedures such as X-ray evaluations, blood tests for cobalt and chromium in the blood,  MRIs and ultrasounds.

For more information about the DePuy hip implant recall, or to speak with an attorney about your situation, contact a hip implant recall lawyer today.

Thirteen in Illinois and Indiana Sue DePuy for Hip Implant Failure

Thirteen persons from Illinois and Indiana have filed a lawsuit against DePuy Orthopaedics for needing additional surgery after their hip implants failed.

The suit, filed in September 2010, in Champaign County Court in Illinois, claims that DePuy did not adequately test the hip implant system and that the company neglected to issue a recall when it became evident that the implants were failing at an unusually high and early rate.

Hip implants normally last from 10 to 15 years. DePuy’s implants, reportedly, have been failing in one out of every eight patients in less than five years. The company recalled two implant systems in August 2010 — the DePuy ASR™ XL Acetabular System and the DePuy ASR™ Hip Resurfacing System..

The two artificial hip systems have been implanted in 93,000 persons around the world, according to a DePuy spokesperson. The company issued a recall of the hips, advising patients to see their doctors to find out if their implants were defective. The recall does not mean all implanted hips are defective.

As news of the failure has spread, the number of law suits has climbed dramatically as more patients discover they need further surgery.

Patients who have received a fault hip system will require painful, expensive, and not always successful surgery to repair or replace the defective prostheses. The recovery process from hip surgery is slow, painful and demanding. Patients are required to relearn how to walk, stand, sit, and participate in all the normal activities of daily living.

Symptoms of problems with the implants include pain, the sensation that the hip is out of joint, clicking or popping sounds when walking, difficulty rising from a seated position and swelling

A motion was filed Sept. 3, 2010, in federal court with the U.S. Judicial Panel on Multidistrict Litigation to centralize and consolidate the lawsuits before a single judge for pre-trial proceedings.

For more information or to speak with an attorney about a potential claim against DePuy, contact a DePuy hip implant lawyer today.

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