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SOURCE: Bernstein Liebhard LLP
The Firm is investigating DePuy ASR hip lawsuits on behalf of individuals who experienced premature device failure, metallosis and other complications allegedly due to the recalled hip implant.
New York, New York (PRWEB) February 10, 2013
Bernstein Liebhard LLP has launched a new DePuy ASR hip recall website to inform the public about potential complications associated with Johnson & Johnson’s recalled hip implant. The new website will also provide updates on the thousands of Depuy ASR hip lawsuits pending in state and federal courts around the country. ASR recipients who suffered metallosis, failure of their hip implant resulting in the need for revision surgery, and other complications possibly associated with the metal-on-metal device may be entitled to financial compensation for medical care, lost wages, pain and suffering, and other damages.
“We continue to receive inquiries from ASR recipients who suffered painful and debilitating injuries, allegedly due to metal debris being shed from this device. This new website will provide these individuals with important information about their legal rights,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices, including hundreds of recipients of the ASR hip implant. The Firm is actively filing claims on behalf of individuals affected by the DePuy ASR recall in the federal litigation now underway in U.S. District Court, Northern District of Ohio. The first trials in that litigation are scheduled to begin this spring. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)
DePuy ASR Lawsuits
According to a recent report from The New York Times, Johnson & Johnson and its DePuy Orthopaedics unit have been named in more than 10,000 lawsuits since the August 2010 DePuy ASR recall. Most of those are pending in the federal DePuy ASR litigation underway in Ohio. However, thousands more have been filed in state courts in California and elsewhere.*
The first trial involving a DePuy ASR hip lawsuit is currently underway in Los Angeles Superior Court in California. According to the Times, evidence disclosed in that proceeding include a Johnson & Johnson analysis from 2011 that estimated nearly 40% of ASR hip implants will fail within five years of surgery. Jurors also viewed the videotaped deposition of a DePuy compliance manager who testified that the company had used inadequate or incorrect standards in trying to assess the risks associated with the implant before it came to market. A DePuy engineer called to the stand told the jury that the company only tested the ASR’s performance on laboratory equipment at one angle of implantation, which the Plaintiff claims was inadequate. * (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County)
According to Bloomberg.com, a bioengineer called by the plaintiff as an expert witness testified that the ASR hip suffered from numerous design flaws, including the half-circle shape of the metal cup and the cup’s thin wall that caused it to fail at rates much higher than other implants. The witness, a professor from McGill University, stated that it was his opinion that any claimed benefits of the ASR were outweighed by its risks.**
The DePuy ASR is a metal-on-metal hip implant in which the ball and cup are made from a chromium-cobalt alloy. On January 17, 2013, the U.S. Food & Drug Administration (FDA) issued new guidance for patients with such devices, after finding that the metal debris released as a result of friction between the ball and cup may cause damage to bone and/or soft tissue surrounding the implant and joint. Some of the metal ions released will enter the bloodstream and travel to other parts of the body, where they may cause symptoms or illnesses elsewhere in the body. The FDA is now advising doctors to consider metal ion testing if patients are experiencing symptoms of hip implant failure.***
In addition to the new guidance, the FDA also a proposed an order requiring manufacturers of metal-on-metal total hip replacement systems to submit premarket approval (PMA) applications, which would make them ineligible for 510(k) clearances. If finalized, the new regulations would require manufacturers of all-metal hips to prove the devices were safe and effective before they could continue selling existing ones or obtain approval for new metal-on-metal designs. The 510(k) system allowed the ASR and other all-metal hips to come to market without human testing.***
Bernstein Liebhard LLP is offering free lawsuit consultations to individuals affected by the DePuy ASR hip recall. A wealth of information about the process for filing a DePuy ASR hip lawsuit is available on Bernstein Liebhard LLP’s website. For additional information, please contact one of our attorneys by calling 877-779-1414.
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past 10 consecutive years.
Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016
ATTORNEY ADVERTISING. © 2013 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, (212) 779-1414. The lawyer responsible for this advertisement in the State of Connecticut is Amy L. Abate. Prior results do not guarantee or predict a similar outcome with respect to any future matter.
Felecia L. Stern, Esq.
Bernstein Liebhard LLP
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