Overview: Litigation over DePuy Orthopaedics’ ASR hip implant appears to be moving forward in New Jersey, as two bellwether trials are scheduled to take place late next year. Depuy, a subsidiary of Johnson & Johnson, is facing number of lawsuits across the country following the high-profile recall of the ASR XL Acetabular and ASR Hip Resurfacing systems in August 2010. Lawsuits filed against the company allege that the implants cause injuries and result in premature failure.
- Bellwether trails for DePuy hip implant lawsuits consolidated in New Jersey set to take place September 9th and October 21st 2013
- These trials follow those in Ohio, which will take place next May and July
- DePuy recalled its ASR hip implants in August 2010 due to a high failure rate; lawsuits allege that the company failed to warn about these risks and that Plaintiffs suffered a number of injuries due to its defective metal-on-metal design
Product: DePuy ASR hip implant
Manufacturer: DePuy Orthopaedics/ Johnson & Johnson
Side Effects & Complications
- High failure rate
- Necrosis (tissue death)
- Increased levels of cobalt and chromium ions
- Pain at the implant, sometimes spreading to the groin and back
- Osteolysis (bone loss)
- Fluid collections/solid masses around the hip joint
Bellwether Trials to Take Place September, October 2013
According to a report in Mass Device, the trials will take place on September 9th and October 21st next year. Judge Brian Martinotti of the Superior Court of New Jersey in Bergen County has ordered both Plaintiffs and Defendants to select three prospective cases for the trials that have been consolidated in that court. Ultimately, both sides have until February 1st 2013 to decide which six cases should be selected for the bellwether trials.
DePuy Litigation Background
The New Jersey bellwether trials are set to follow those in Ohio; there, U.S. District Judge David Katz has scheduled the trials for May 6th and July 7th 2013. There is also a multidistrict litigation underway over the DePuy Pinnacle, another metal-on-metal hip replacement. Dozens of lawsuits have been filed into the MDL in the U.S. District Court for the Northern District of Texas.
DePuy recalled its ASR products when data showed that the implants were failing prematurely in a large number of patients. Both devices were metal-on-metal hip implants, which allegedly shed metal particles into a patient’s bloodstream and cause complications. Lawsuits against the company allege injuries such as tissue necrosis, pseudotumors, pain, swelling and early revision surgery.