Johnson & Johnson has recently lost an $8.3 million verdict in the first trial concerning DePuy’s ASR all metal-hip implants. Now, the company is facing the second trial linked to the potentially defective product.
According to the reports, the company’s lawyer has denied that the hip implant was designed defectively. The plaintiff in the second case, a 54-year-old woman from Illinois, has claimed that the ASR hip implant she received has failed three years after the surgery and that as a result, she needed to experience a replacement surgery due to the device’s defective design.
The lawyer has also denied that the company failed to warn the patient about the potential risks linked to the all-metal hip implants. This case is the second of 10,750 lawsuits that are associated with all-metal hip implants that were known to fail at a higher rate than other similar products. Juror in the first trial awarded compensatory damages to the plaintiff.
In the UK, patients with the recalled hip implants reported a 13 percent rate of failure after five years of use. According to the woman’s lawyers, the ASR design flaws led the device to shed chromium and metal debris into the patient’s tissues. When the implant was introduced, DePuy claimed that the all-metal hip implants were designed to last longer than any other type of products designed for the same purpose.
Some believe that before the hip implant was put into the patient’s body, DePuy was fully aware of the design flaw, which unfortunately posed a serious risk to the health of several patients across the country. According to the reports, the metal poisoning could lead to tissue death. Other risks may also be linked to the presence of high blood metal ion levels. Affected consumers who suffered due to the design defect of these hip implants were forced to undergo painful surgeries to have the device removed and replaced. According to the patient’s attorney, the company was aware of the design flaw in 2008, however, doctors were not warned about the design flaw.
J&J attorneys say that the DePuy unit researched the device extensively by conducted several tests and sharing the results of the tests with FDA agents. The company denies any claims that it may have been hiding information concerning the product’s design flaws.
According to the company’s reports, DePuy consulted with several orthopedic surgeons in the world while working on improving the ASR design. Attorneys have also reported that at first, revision rates were low, however, international analysis showed that about 37 percent of all ASR hip implants failed within 4.5 years.
To learn more about the second lawsuit and the attorneys’ claims, click here for the full article.