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Shezad Malik MD JD
Shezad Malik MD JD
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Johnson and Johnson DePuy ASR Implant Update

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I am providing this timely update regarding the lawsuits involving DePuy ASR metal on metal hips. DePuy ASR lawsuits allege early failure of the metal hip implant and the development of a medical condition, called metallosis.

There was a world wide recall in August 2010, after reports began to surface regarding the DePuy ASR hip early failure and the need for revision surgery, among the affected patients.

DePuy ASR Recall Litigation Status Update

According  to court documents, there are more than 11,500 DePuy ASR lawsuits filed in courts, with more than 8,300 in the federal multidistrict litigation in U.S. District Court, Northern District of Ohio. The first bellwether trial was scheduled to begin in September, but was postponed for into 2014. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)

2 State Court DePuy ASR Trials and Verdicts

In March, a plaintiff was awarded more than $8 million after a Los Angeles Superior Court jury found that the hip implant was defectively designed. (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County). Another state court trial a month later, in Chicago found for Johnson & Johnson. (Strum v. DePuy, 2011-L-9352, Circuit Court of Cook County).

Recent DePuy California Settlement

According to San Francisco Superior Court, a settlement was reached in October that settles claims in the DePuy ASR lawsuit that had been set for that state litigation’s first bellwether trial. The terms of the settlement have not been disclosed. (Ottman v. Johnson & Johnson Services, et al., No. CGC-12-517391;Calif. Super. Ct., San Francisco Cty.).

DePuy Pinnacle Lawsuit Update

According to a recent Case List update, a total of 5,201 DePuy Pinnacle lawsuits were pending in the U.S. District Court, Northern District of Texas.

Lawsuits filed against the Johnson & Johnson subsidiary, DePuy Orthopaedics Inc., allege metallosis and early hip implant failure associated with the metal-on-metal hip device. (In re: DePuy Orthopaedics Inc. Pinnacle Hip Implant Product Liability Litigation, MDL No. 2244)

Metallosis and Early Hip Failure

Plaintiffs claim that the metallic debris from the implant causes high cobalt and chromium metal levels in the blood stream and the hip joint leading to multiple problems, including early failure. The metallic hip components grind against each other during normal movement, leading to microscopic release of metal debris. This metallic debris causes inflammation, pain, swelling, loosening of the hip implant, difficulty in walking and the development of growths in the hip joint, known as pseudotumors.