According to recent reports, the first of 10,750 lawsuits filed against Johnson & Johnson over DePuy devices is on trial. Sources say that the company may have continued selling the potentially defective hip implants in spite of the fact the rate of implant failure was greater than what was expected.
According to the reports, jurors heard the closing arguments today. Lawyers argued that the company decided to sell the product in spite of the fact its executives were fully aware that the all-metal hip implant failed in a much faster rate than other similar devices, especially if they consider data gathered by UK officials and Australian officials.
Reports show that the company has denied the DePuy unit executives were aware of any design defect in the device. J&J also denied that DePuy did not warn the retired Montana prison guard who’s suing the company of the risks associated with the all-metal implants. According to the official reports, the company may have failed patients before a recall was ever issued. After the recall, 93,000 ASR hip implants were known to be affected.
Jurors were asked to award the victim in this case in order to provide enough to cover for the plaintiff’s medical expenses, pain and suffering. The patient, reports show, received his implant in December of 2007 and had to have it removed in February of 2012.
DePuy’s all-metal hip implants are also linked to a series of lawsuits and reports show that, in spite of the high rate of failure, the company is still incapable of assuming responsibility on the defects that may have caused the pain and suffering of so many patients.
Details on how the jurors choose to proceed in this case should be available soon.
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