October 2013 Trial Date Set for Next DePuy ASR™ Hip Case
Since the withdrawal of the DePuy ASR™ (Articular Surface Replacement) hip device from the market in August 2010, thousands of lawsuits have been filed against Johnson & Johnson alleging injuries to persons who had the defective device implanted. Two cases have previously been tried before a jury — the first trial in California state court, which resulted in an $8.3 million verdict for plaintiffs, and the second trial earlier this year in Illinois state court where the jury found in favor of Johnson & Johnson. A third trial has now been set for October 21, 2013 in New Jersey state court before The Honorable Judge Brian R. Martinotti, who manages more than 600 DePuy ASR™ hip replacement lawsuits that have been consolidated in a state court consolidation pending in the Superior Court of New Jersey for Bergen County.
The New Jersey state court consolidation joins over 10,000 DePuy ASR™ hip replacement lawsuits concerning the device’s high failure rate. California court documents released in April 2013 show that an internal investigation conducted by the device’s manufacturer, Johnson & Johnson, found that nearly 40 percent of patients with a DePuy ASR™ hip would experience total failure within five years. Experts blame the device’s high failure rate on its hasty release into the market without first going through extensive clinical trials and FDA safety reviews. Because of the rising number of DePuy ASR™ lawsuits, the FDA has issued new guidelines for the approval of metal-on-metal (“MoM”) implants, which include a provision that any MoM implant must first undergo rigorous, comprehensive clinical testing prior to being introduced to the market.
Unfortunately, the new guidelines came too late for the nearly 90,000 patients who had a DePuy ASR™ hip device implanted. Plaintiffs continue to file lawsuits, with the majority of them currently pending in federal court as part of a Multi-District Litigation (MDL No. 2197) in the Northern District of Ohio before The Honorable Judge David A. Katz.
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 for your confidential and free consultation.
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