The second lawsuit involving the recalled ASR metal-on-metal hip implant manufactured by Johnson and Johnson subsidiary DePuy went to trial in Illinois this week. The first trial filed by a former DePuy implant patient concluded last week in Los Angeles, when the jury awarded the plaintiff an $8.3 million settlement to compensate for medical expenses as well as pain and suffering.
Lawyers for DePuy, the orthopedics division of Johnson and Johnson are continuing to argue that the company did not knowingly market defective medical devices to healthcare professionals and potential implant patients. The plaintiff in the latest lawsuit, a 54-year–old Illinois nurse who says here ASR all-metal hip implant failed within three years of installation, requiring a second revision surgery for replacement. Revision surgeries are more complicated than installation surgery, with a lower success rate and a more difficult and lengthy recovery process, medical experts say. The ASR metal-on-metal artificial hip joint was recalled in August of 2010 after studies concluded that the implant failed prematurely at a significantly higher rate than other implants. A UK study determined that the implant failed in 13 percent of patients within five years of installation.
Though the jury in the first DePuy lawsuit ultimately ruled that Johnson and Johnson adequately warned users of the potential dangers and elected not to award the plaintiff any punitive damages in addition to the more than $8 million in compensation. More than 10,750 lawsuits have been filed by DePuy ASR implant patients in the U.S. According to the lawyers defending DePuy in the most recent lawsuit, issuing a voluntary product recall is neither an admission of wrongdoing nor a concession that the company committed any sort of wrongdoing in selling the product.
The plaintiffs attorneys argue, however, that company officials were aware of reports that these implants were endangering patients by shedding potentially toxic metal debris into patients’ bloodstreams and tissue, in many cases requiring a revision surgery and implant replacement. An internal study conducted by DePuy researchers in 2011 determined that more than one third of these all-metal hip implants failed within 4 and a half years of their installation. An Australian study released in 2012 indicated that 44 percent of the ASR implants installed in patients throughout the country had failed within seven years.
About 75 percent of the lawsuits filed by former DePuy hip implant patients have been consolidated into a class action lawsuit to be tried in federal court in Toledo, Ohio. Another 2,000 individual cases are being tried in the state of California.