A California jury ruled on March 8, 2013 that DePuy Orthopaedics knowingly produced and marketed a defective hip replacement device known as the DePuy ASR™ Hip Resurfacing System. The basis of the verdict was that DePuy (a subsidiary of Johnson & Johnson) failed to warn consumers of the dangerous effects that the metal device may have on the body.
During the trial, experts stated that the grinding of the metal apparatus caused dangerous metal toxins to be released into the bodies of patients who were implanted with the device, and caused various medical complications including dislocation, infection, and the need for a second replacement surgery. The jury spoke explicitly of Johnson & Johnson’s responsibility.
Johnson & Johnson had originally set $3 billion aside for product liability litigation after voluntarily recalling the DePuy ASR™ XL Acetabular System and DePuy ASR™ Hip Resurfacing System. Legal experts had estimated that each recall case would cost J&J about $500K. They now predict that J&J will pay much more than they had anticipated after last Friday’s $8.3 million verdict. Friday’s case is the first of over 10,000 lawsuits J&J faces, and the publicity of the verdict is expected to draw awareness and undoubtedly more applications for compensation.
Since the 2010 recall, Johnson & Johnson has set up an assistance website in the hopes to settle patient claims outside the courtroom. According to the website, each application submitted is reviewed individually and funding is determined on a case by case basis. Though clients may receive compensation in settling their grievances directly with J&J, they may not receive all of the compensation they deserve. Enlisting the help of an injury litigation lawyer could make all the difference in achieving a deserving settlement.
At Altman & Altman, we are committed to helping you recover your losses after an injury. We understand injuries caused by others’ negligence are stressful and confusing. We stand ready to guide you through the legal process and fight for the compensation you deserve. If you have experienced complications after having a DePuy ASR hip replacement, call one of our lawyers at Altman & Altman. Our attorneys have the experience and skills to contest large companies like DePuy. Consultation is free and we will gladly provide you with consultation on the phone, in one of our offices, at your home, or at a location convenient for you. Our attorneys are available for night and weekend consultation.