It’s no secret that several patients who were fitted with ASR hip implants are now filing lawsuits against DePuy and Johnson & Johnson. Multiple reports have been covering the trials in the United States and the class action lawsuit filed in Australia. Other news sources also covered the possible lawsuits that would be filed against J&J in Europe over the same issue.
According to recent news reports, during the second lawsuit trials, a former DePuy marketing director offered a testimony concerning the potential metal-on-metal hip implant defect that has been linked to the high failure rate.
According to the news, the testimony showed that several emails sent internally to executives and employees years ago, actually contained information on a potential hip implant design flaw. The testimony also claims that these emails were sent before the recall was issued. Jurors are hearing testimonials and the attorneys on both sides during the trial of the second case filed against DePuy by patients fitted with the ASR hips.
The first case, which was tried in California, was finalized once the jury ordered the hip implant manufacturing company, which is a Johnson & Johnson subsidiary, to pay over $8 million in compensatory damages. The order came after it was ruled that the company was aware of the defects before the recall and that the device effectively caused the patient to suffer serious health issues after he was fitted with the all-metal device.
During the first trial, attorneys noted that documents showed some executives were aware of the potential flaws linked to the hip device since 2005. Warnings had been sent to executives by surgeons and consultants. They were particularly concerned with the consequences of fitting patients with the defectively designed hips and how the patient’s organism would respond to the product. During the second trial’s opening arguments, the J&J attorney claimed that the ASR hip implants had performed satisfactorily in most patients and that the company along its subsidiary DePuy, are responsible manufacturers that would not jeopardize the health of patients depending on them.
According to the articles, one of the doctors raising concerns related to the hip implant contacted company executives to warn about the failure rate related to these devices as soon as he received reports associated with patients in Spain and in the Middle East who had been fitted with the metal-on-metal implant.
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