Court Documents Reveal 40 Percent Hip Failure Rate for DePuy ASR™ System
According to California court documents released in April, an internal evaluation by Johnson & Johnson found that nearly 40 percent of patients with a DePuy ASR™ (Articular Surface Replacement) hip system would experience total failure within five years. Most prosthetic hips, however, are engineered to last up to fifteen years, with hip replacement rates after one year hovering around one percent. Moreover, the New York Times reported in January that the 40 percent 5-year failure rate is eight times the failure rate of most orthopedic implants. Based on these disproportionately high early failure rates, Johnson & Johnson voluntarily issued a DePuy ASR™ recall in August 2010.
The New York Times further reported that pretrial testimony from a DePuy engineer revealed that as early as 2008 company executives knew of medical reports from an English surgeon, which linked the resurfacing version of ASR with fretting. These reports further indicated the resurfacing version released very high levels of toxic metal ions, particularly in women who received the implant. However, Johnson & Johnson did not release this information or its more recent internal evaluation. Instead, the company insisted that the product recall was prompted by declining sales rates for hip implants.
Approximately 93,000 patients have received the DePuy ASR™ hip device, one third of which reside in the United States. To date, more than 10,000 complaints involving ASR implants have been filed in state and federal court. Nearly 1,200 of these complaints have been consolidated in the Multi-District Litigation (MDL) pending in the Northern District of Ohio before the Honorable Judge David A. Katz. The first trial in the MDL is currently scheduled to begin this fall.
If you or a loved one has experienced complications with a DePuy ASR™ hip implant, contact the experienced attorneys at Schlichter, Bogard & Denton, LLP toll-free at 1-800-873-5297. We will confidentially evaluate your case for free and without any obligation.
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