Updated January 28, 2019
In 2010, Johnson & Johnson recalled nearly 93,000 DePuy hip implants due to a high failure rate.
The DePuy hip system was sold in two versions. One was the ASR XL Acetabular Hip System, which had a metal ball and a metal cup (metal-on-metal implant). The other was an alternative procedure known as hip resurfacing. The metal-on-metal implant would shed metallic debris, generating metallic particles in the body and soft tissue, causing severe pain and injuries.
Of the 12,000 legal claims brought against Johnson & Johnson in the United States, an estimated 8,000 of those claims were brought forward by patients who underwent operations to have a DePuy hip removed and replaced.
In November 2013, Johnson & Johnson agreed to pay more than $2.5 billion to resolve the lawsuits involving the DePuy hip systems. In addition to the $2.5 billion, they could pay an additional $1 billion for revision surgeries required for implant patients due to the faulty hip implant.
On February 3, 2015, a jury in a Tulsa, Oklahoma concerning a DePuy hip replacement lawsuit returned a verdict in favor of the plaintiff. The jury ordered the defendant, DePuy Orthopedics, to pay the plaintiff $2.5 million in a key hip implant product liability case.
The female plaintiff received a DePuy ASR XL metal-on-metal hip implants in 2006 and 2007. The implants required revision in 2011 and 2012. Ultimately, both hips failed.
Jurors began deliberations after hearing approximately three weeks of testimony. Jurors reached a verdict after about seven hours of deliberation. In Oklahoma, a jury verdict requires nine of twelve votes. The vote in this case was 10-2. While the jury found in favor of the plaintiff with regard to the defective product claim, it denied claims of negligence and failure to warn. Also, the jury awarded no punitive damages in the case.
DePuy Orthopedics may appeal the jury’s decision. In a previous lawsuit in which the plaintiff prevailed, DePuy proceeded with an appeal of the trial verdict. The Oklahoma trial was the third jury trial involving the ASR hip implant. In another case, DePuy prevailed. When an appeal of a trial verdict occurs, a reduced monetary award, a verdict reversal, or an order to re-try the case is possible.
Most hip replacements in which revision surgery occurred before August 31, 2013, are part of a global agreement between implant recipients and the manufacturer. Lawsuits are still filed on behalf of patients that had hip revision surgery after the August 31, 2013, the original cut-off date for the initial settlement.
If you or a loved one received a DePuy ASR hip implant, you are urged to contact the Indianapolis Defective Medical Device Attorneys of Wilson Kehoe Winingham. The lawyers at WKW can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.
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