Second DePuy ASR Lawsuit Goes to Trial in Chicago

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Second DePuy ASR Lawsuit Goes to Trial in ChicagoOverview: Jurors in Chicago will hear opening statements today in the second trial over the DePuy ASR hip implant. The trial is over the lawsuit of Carol Strum, who alleges that the recalled metal-on-metal hip replacement is defective and caused the need to undergo revision surgery. The trial comes shortly after J&J lost the first DePuy ASR trial in Los Angeles.

  • The second DePuy ASR lawsuit goes to trial today; jurors to hear opening statements
  • The Plaintiff is Carol Strum, who alleges that the ASR is defective and that Johnson & Johnson failed to warn about the risks; it is the second of over 10,000 to go to trial
  • Johnson & Johnson recently lost an $8.3 million verdict in the first DePuy ASR trial in Los Angeles

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

Second DePuy ASR Trial Begins

According to Bloomberg, opening statements begin today in the second of 10,750 DePuy ASR lawsuits to go to trial. Carol Strum, a 54-year old Illinois nurse, received the ASR in January 2008. After developing high levels of cobalt and chromium ions, she had her hip revised in January 2011. She alleges that the DePuy ASR hip implant was designed defectively and that Johnson & Johnson failed to warn about the risks of using the metal-on-metal hip device. J&J recently lost an $8.3 million verdict in the first DePuy ASR trial. Jurors in Los Angeles ruled that the company was negligent with regards to the implant and awarded compensatory damages to Plaintiff Loren Kransky.

Background

Johnson & Johnson recalled 93,000 DePuy ASR hips in 2010, citing a failure rate of 12 percent in five years. In Australia, failure rates have exceeded 40 percent seven years, according to Bloomberg. Lawsuits filed over the recalled device allege that it sheds toxic amounts of metal ions, causing complications and the need for revision surgery. The DePuy ASR is a metal-on-metal hip implant; the class of medical devices has come under fire since the implant was recalled, spurring safety concerns over whether or not the implants cause metal poisoning and other complications. The U.S. Food and Drug Administration (FDA) approved all-metal hip replacements like the ASR without any clinical testing, a point that is emphasized in Plaintiff’s lawsuits. The agency recently proposed new regulations that would require manufacturers to prove that the implants are safe and effective.