Experts Now Say DePuy Could Be Exposed To Tremendous Punitive Damages
The first DePuy ASR XL Acetabular System became available in the United States in 2005. DePuy Hip Replacements are manufactured by DePuy Orthopedics Inc., a division of Johnson & Johnson. No special clearance was given by the Food and Drug Administration for marketing these devices. The FDA received approximately 400 complaints since 2008. In March 2010, Johnson & Johnson acknowledged that the product had a high failure rate and issued a recall.
The company recalled both ASR devices more than eighteen months after the first lawsuit was filed. According to the National Hospital Discharge Survey, 332,000 patients received total hip replacements in 2010 in the United States, and a significant number of these procedures required additional medical attention.
Surprisingly, DePuy Orthopedics said early 2010 that the only reasons why they are phasing out the hip implants were because of declining sales. The company did not mention the high failure rate regarding the DePuy hip replacements, but a month or two later the recall was issued.
The first lawsuit was filed against the manufacturer on June 15, 2010. In December, 2010, the U. S. Judicial Panel on Multidistrict Litigation stated that all cases filed throughout the country were handed over to the Honorable Judge D. A. Katz for pre-trial proceedings in the Northern District of Ohio. The judge named the leadership council for both the defendants and plaintiffs on January 26, 2011.
In 2013, the maker of the hip replacements set aside $2.5 billion to settle claims of around 8,000 cases alleging its DePuy ASR hip replacements were defective. This company is now exposed to even more allegations claiming the Pinnacle hip implants are also failing and causing metal poisoning or metallosis.
First Bellwether Pinnacle Trial
On September 2, 2014, the fist bellwether trial began in the Pinnacle hip replacement Multidistrict Litigation in Dallas Federal Court. A jury of four men and five women were selected on September 2, and the opening arguments took place on September 3, 2014. According to the experts, the bellwether trial will help pave the way for other DePuy Pinnacle lawsuits. Court documents indicate there are currently more than 6,000 hip replacement lawsuits pending in the United States District Court, Texas.
The bellwether-approach provides the plaintiffs and defendants an estimate of how prospective litigation might go. The verdict acts as a bellwether for other trials and help plaintiffs calculate approximately the value of future claims. DePuy indicated the willingness in August, 2013, to set aside more than $3 billion for a settlement fund. The company is facing consolidation of lawsuits in a New Jersey state multi-county litigation and cases in the Northern District of Ohio. There is a possibility that Johnson & Johnson may settle the bellwether case out of court.
DePuy Recklessly Endangered Patients’ Lives
All the cases involve similar allegations. DePuy is accused of negligence. The company failed to warn about serious design defects. Painful side effects associated with the hip replacements include chromium or cobalt poisoning, soft-tissue mass as a result of excess debris, allergic reactions from the metal and loosening of the ASR cup. Many of these recipients had an implant-failure.
Common side effects of the DePuy hip replacements include fractures, debris buildup, dislocations, loosening, pain, swelling and loss of mobility. The metal-on-metal replacements typically result in the discharge of small metal particles, which then go into the bloodstream, causing a high level of toxicity. Inflammation that is caused by an implant often results in bone tissue formation. In some cases, patients experienced a reduced blood flow to the joints and bones. A defective implant can also cause significant damage to the surrounding muscles, bones and tissues. Loosening of a hip device usually results in a serious and painful medical condition.
In most cases, revision surgeries were required. However, with less tissue and bone, these surgeries were even more complicated and added to the patients’ pain and suffering. Recovery time may also take longer after a revision surgery and are often more expensive than the original procedure. Many people experienced financial burdens and physical issues after they received a defective device.
Lawyers are fighting daily in courtrooms to get compensation for people’s suffering, loss of wages and medical bills, and other related damages. DePuy Orthopedics Inc., part of Johnson & Johnson, recklessly endangered patients’ lives with the defective hip replacement devices.
Latest posts by Christopher Dixon (see all)
- Third Jury Awards More Than $70 Million in Talcum Powder Case - October 28, 2016
- Johnson & Johnson’s Link To Ovarian Cancer - June 24, 2016
- Stryker Hip Implant Lawsuits Are Not Over Yet - June 3, 2016