Multiple news agencies have reported the jury has awarded $8.3 million to the man who filed the first lawsuit against Johnson & Johnson.
According to the reports, the jury decided on awarding the Plaintiff after hearing both sides during the first DePuy hip implant trial. According to the reports, lawyers accused the company and the DePuy Orthopaedics subsidiary to market the all-metal hip implants while aware of the product’s defective design. According to the reports, jurors decided that the ASR XL implant the man received had been designed with a flaw that caused the patient to suffer metal poisoning.
This is the first of 11,000 similar cases that involved the potentially defective ASR hip implant that was recalled in 2010.
After the recall and the lawsuits were reported, the company Johnson & Johnson set aside about 1$ billion to cover all costs. According to some, the verdict sends a bold message to the company and others that design and produce health care products. The patient that filed the first lawsuit reported that after the implant started to fail, he suffered severe pains and was left in need for replacement surgeries after the crippling injuries he sustained. Companies should keep the safety of their consumers in mind while designing products. According to the reports, several pieces of the metal from the hip implant flaked off the device and into the patient’s bloodstream, which caused a form of poisoning. According to the attorneys, this issue could have worsened if the device hadn’t been replaced.
According to the news, some believe that the company was fully aware of the product design defect and that the company decided to overlook the issue and continue with the marketing of the device.
More than 90,000 people from all over the world received the hip implant designed by DePuy. In 2009, Johnson & Johnson stopped making the all-metal device and in 2010, the product was recalled. Media outlets report that statements show that the company reportedly knew about the defects in 2008. Johnson & Johnson denies that it was aware of the risks.
The company has issued 30 recalls for some of its products since 2009. Most recalls concerned health care products including nonprescription medicines and contact lenses.
This was the first of 11,000 lawsuits filed against Johnson & Johnson over the DePuy all-metal hip implants. To learn more about these devices and the risks patients were exposed to by receiving these implants, click here for the full article.