DePuy ASR Trial: Johnson & Johnson Knew Hip Implant Was Defective
By Andrea Gressman
On January 25, 2013, opening statements were provided to a California jury regarding a hip implant lawsuit alleging Johnson & Johnson knew that its DePuy ASR hip implant was defective, yet marketed it anyway. The lawsuit alleges this deceptive marketing forced thousands of patients to deal with crippling injuries and subsequent surgeries to correct the damage caused by the metal-on-metal hip implant. This DePuy ASR lawsuit charges Johnson & Johnson with both negligence and fraud. This is the first of thousands of DePuy lawsuits that have been filed by plaintiffs across the United States. The DePuy ASR was removed from the market 2 years ago but there are many other brands of metal-on-metal hip implant devices that are still on the market today despite the growing number of side effect victims.
In the opening statement the plaintiff’s lawyer provided the jurors with photos of a surgical procedure where you could see a black substance from the victim’s hip socket. It was explained to jurors that this was caused by metal flakes from the hip implant shedding off the device.
There was also a portion of an audio deposition provided by a physician who stated that if the substance was not removed, the patient would have passed away from metal poisoning.
Mr. Kransky, age 64, is the plaintiff in this particular hip implant lawsuit. He was a former prison guard in North Dakota. He had severe arthritis pain and opted to have a hip replacement in order to relieve that pain. It was reported in the lawsuit that he received the DePuy hip implant in 2007. The side effects of the metal-on-metal hip implant were so severe that he eventually had to have it replaced.
The attorney representing Johnson & Johnson claimed that the plaintiff had pre-existing conditions that were causing the metallosis side effects and they were not caused by Johnson & Johnson’s hip implant device.
It was reported that over 35,000 people in the United States received this particular type of hip implant in the 8 years it was on the market. It was removed from the market in 2009 and then recalled in 2010. However, court documents unsealed in the first week of trial indicate the manufacturers knew of the side effect issues linked to the hip implant device dating back to at least 2008.
The DePuy hip implant lawsuit goes on to claim that in 2011 a review found that 33% of all DePuy hip implants were expected to fail in the first 5 years after the patient received the hip implant. It has also been reported that around $1 billion has been set aside by Johnson & Johnson in order to cover the costs of potential lawsuit settlements concerning the recalled device.
If you or a loved one has experienced a side effect from a hip implant device, it is important to know your legal options. Visit the J&J DePuy ASR, Pinnacle Metal Hip Replacement Implant Class Action Lawsuit Investigation right away to speak to a qualified hip implant lawsuit attorney. Simply provide your information and you can receive a free legal review.
Updated January 30th, 2013
All medical device, dangerous drug and medical class action and lawsuit news updates are listed in the Drug and Medical Device section of Top Class Actions.
Top Class Actions Legal Statement
