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Johnson & Johnson hit with $8.3 million dollar verdict in the first case to go to trial over the defective Depuy ASR hip implants, reports Bloomberg.

The verdict was for more than the $5.3 million in compensatory damages requested by plaintiff, but did not include any punitive damages. Apparently the issue of punitive damages was hotly debated by jurors. The jury deliberated for five days.

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As reported by the New York Times, Johnson & Johnson/DePuy was aware of massive failures of its ASR metal-on-metal hip replacement system by 2011.

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This information is coming from internal J&J documents as part of a trial expected to begin to today in Los Angeles. The internal analysis showed that nearly 40% of the ASR hips failed within five years of implant. The analysis also suggests that the implant is likely to fail prematurely in thousands of more patients in the next few years. Those patients will have to undergo costly and pain revision surgery.

If you or a loved one have a DePuy ASR hip implant, please call us at 1-800-557-8176 or contact us through our website at hendricksonlaw.com. You may be entitled to a substantial damages award.

For more information on the DePuy implants, see here, here and here.

Johnson & Johnson’s DePuy division may be facing more than $3 billion in damages for its ASR and Pinnacle metal-on-metal hip implants, reports Reuters. Not a surprise to those of us involved in the metal-on-metal implant litigation.

DePuy recalled the ASR metal-on-metal implant in 2010, years after evidence in Europe and Australia showed that these implants were being revised at a rate drastically hirer than traditional ceramic or poly implants. DePuy was forced to recall its ASR implants here in the U.S. after it became clear that a significant percentage of patients with these implants were experiencing metal debris reaction, which included pseudo tumors, infection-like reactions, loss of bone and muscle due to metallosis, early loosening and early failure.

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Shortly after the ASR was recalled, it became clear to many that DePuy’s Pinnacle line was having similar problems. As calls poured in to attorneys around the country regarding the recalled ASR, a significant percentage of the calls were for DePuy Pinnacle implants with nearly identical problems.

Multi-district litigation cases are on-going for both the ASR and Pinnacle implants. MDL cases are contemplated regarding other metal-on-metal implants from other manufacturers. In recent weeks, Stryker has issued a recall on its modular stem system, the first non-bearing surface recall. (The DePuy and Pinnacle cases involve the weight-bearing implant surfaces, namely the artificial ball and cup joint that replaces the natural hip mechanism–Stryker’s implant is a modular femoral stem system that appears to be causing similar reactions as the bearing surface metal-on-metal implants, but due to corrosion at the connection of the modular components, rather than wear due to use of the bearing surfaces.) You can read about the Stryker recall here.

It is clear that there is trouble brewing for many, if not all, metal-on-metal hip implants. If you have experienced any of the following problems as a result of your metal-on-metal implant, please call our office at 1-800-557-8176:
Early Revision
Loosening
Pseudotumor
Metallosis
Implant Failure
Loss of Surrounding Muscle
Continuing Pain

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The New York Times has reported that a Johnson & Johnson/DePuy hip implant that was sold overseas, was rejected by the FDA in 2009.

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The implant was new hip resurfacing implant. Unlike traditional hip implants, in which the ball portion of thigh bone or femur is removed and a replacement stem and ball are implanted, this particular implant left the femur largely intact and placed a ball shaped cap over the existing femoral head. Most importantly for U.S. medical consumers, the same pelvic (or ace tabular) cup portion of the implants, was used in both the ASR resurfacing system and the ASR system which was approved and sold in the U.S. That ASR implant was eventually the subject of a recall in August 2010–a full year after the FDA had rejected the sister-product.

Both systems are so-called metal-on-metal hip implants because they involve a metal ball and a metal socket. The apparent problem with the implants is that the design of the metal sockets are such that the friction between the two components creates metal debris which reacts in many patients and causes infection-like responses, destroying bone, muscle, ligament and soft-tissues, leading to pain and dislocations of the hips. The metal can also seep into the blood and, in effect, cause a type of metal blood poisoning. The only way to stop the effects is to remove the metal cup and replace it with a traditional plastic lined cup.

The DePuy ASR implants are the subjects of thousands of lawsuits around the country. Most have been consolidated into a multi-district litigation based in the U.S. District Court for the Northern District of Ohio. However, many cases remaining pending in state courts throughout the U.S.

In related litigation, another DePuy metal-on-metal hip implant, the Pinnacle, has also seen cases consolidated in a multi-district litigation, this one in the Northern District of Texas. Generally, the same metal debris problems are occurring with the DePuy Pinnacle implants as occurred with the ASR implants.

For more information on the DePuy ASR Hip Implants, see my previous posts listed below. If you or a loved one have a DePuy ASR or DePuy Pinnacle implant, or suspect you have any metal-on-metal implant, call our offices immediately at 1-800-557-8176.

DePuy ASR Hip Implants Recalled

Hip Implants Withdrawn From Market

Metal on Metal Hip Components Linked to Early Failures

The New York Times has a recent article on The High Cost of Failing Artificial Hips that does a good job of outlining the the cost related to the seemingly epidemic failure of the metal-on-metal hip implants from DePuy and others. If you’ve had a hip replacement in the last 10 years, I would recommend that you read it here.

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If you have a DePuy ASR or Pinnacle metal-on-metal hip implant, I would strongly urge you to contact me to discuss your rights. Even if you are not currently experiencing problems with your hip replacement, you should be aware of the pending litigation and what you should do.

To be clear, there is no class action currently pending for these implants and I don’t anticipate that there will be. What is in place is called a Multi-District Litigation that has some of the characteristics of a class action, but differs in many ways. The most important difference is this: If you don’t file a lawsuit, your interests will not be protected and you will not receive a settlement. In the typical class-action anyone who can be identified as having received the defective product will receive notice of a settlement. That is not true in a Multi-District Litigation.

If you have had a DePuy ASR or Pinnicle, a Zimmer Duron or any other metal-on-metal implant, please contact me immediately at 1-800-557-8176 or see my website at www.stlmedicalmalpractice.com.

The New York Times is reporting, what we already know–the number of complaints about metal-on-metal hip implants is surging. And there is no end in sight.

“All-metal replacement hips are on a trajectory to become the biggest and most costly medical implant problem since Medtronic recalled a widely used heart device” in 2007. At the present time, the major problems appear to exist be with the Zimmer Durom and DePuy (Johnson & Johnson) ASR metal-on-metal hip implants. But complaints are surfacing with many brands.

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Patients are experiencing reactions, believed to be linked to the shedding of metal debris. Unlike traditional hip implants that use a ceramic or metal ball and a poly-vinyl pelvic cup liner, the metal-on-metal components have metal balls and metal cups. Reactions to the metal debris mimmick severe infections and can attack and destroy bone and soft tissue. In the simplest cases, the metalosis causes the components to loosen and after surgical revision, the patients are recovering normal function after revision. However, in some cases, the metalosis has destroyed so much muscle bone and ligament, that normal revision is not possible. These patients can suffer debilitating pain and loss of function.

If you or a loved one has had a metal-on-metal hip implant, you should immediately consult with an attorney. Please contact Todd N. Hendrickson at stlmedicalmalpractice.com.

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As we’ve reported on several occasions, our office is involved in the DePuy ASR hip implant recall litigation. In fact, we recently scored a minor victory against DePuy in one of our cases filed in Jackson County, Missouri. DePuy had sought to remove the case from the Missouri State Court in Jackson County to the United States Federal District Court. After extensive motions, the federal judge in the Western District of Missouri granted our Motion to Remand–one of very few such motions granted around the country.

In other developments, most DePuy ASR cases are being litigated in a Multi-District Litigation case pending in the United States District Court for the Western District of Ohio. There, the plaintiffs’ attorneys are working together to conduct discovery. It is anticipated that DePuy will release, literally, millions of pages of documents.

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DePuy, the manufacture of many types of orthopedic implants, issued a recall on its ASR hip implants last year. However, our office has seen a number of inquiries regarding the DePuy Pinnacle implants. Both implants appear to have similar issues: the “metal-on-metal” configuration creates metal debris in the hip. This metal debris causes an infection-like reaction, called metallosis. The result is a painful hip and, often, damage to bone and surrounding soft tissues as well as loosening of the components. The treatment is usually a surgical revision of the implants.

If you have a DePuy Pinnacle hip implant and have experienced any problems, please contact our office at 314-721-8833 or 1-800-557-8176 for a free consultation.

Almost 100,000 patients have received the DePuy ASR, metal-on-metal hip implant system. Those implants are failing at an alarming rate, at least 13% in the first few years. That is far beyond any “normal” failure rate. As a result, DePuy, a subsidiary of Johnson & Johnson, has recalled these hips.

The problem is, you can’t easily “recall” medical devices that have been implanted. That means they have to be explanted, or surgically removed and replaced. In the case of hip implants, this is called a revision, and it can be an expensive and painful operation.

If you have a DePuy ASR metal-on-metal hip implant, and you talk to your doctor about a hip revision, please talk to an attorney before you have the surgery. Reports are appearing around the country of hospitals treating these explanted hip components as medical waste and discarding them. Don’t let them do this to you! The removed implant is vital evidence. Just because the hip has been recalled doesn’t mean that you will automatically win a case against DePuy. You will still have to prove that the implant was defective in some way and the implant itself is the best evidence.

Please contact our office you have had a DePuy hip implant and need to discuss your legal rights.

The New York Times is reporting that Congress will investigate Johnson & Johnson makers of Tylenol and the recalled DePuy ASR hip implants.

Johnson and Johnson has been the subject of intensive scrutiny recently. Among the problems is the recall of its ASR hip implants. Initially, DePuy announced they were retiring the line because of low sales. However, the truth came out that the ASR hip implants were experiencing extremely high failure rates in short periods of time, as much as 10% in the first 2 or 3 years of use. These failures are leading to severe injuries and revision surgery.

If you or someone you know has a DePuy ASR metal-on-metal hip implant, contact our office immediately for a free consultation. Todd N. Hendrickson is an experienced medical malpractice and medical product liability lawyer and can help you evaluate your case. Contact us now.