A former engineer for Johnson & Johnson’s DePuy unit testified in a lawsuit this week that the company’s DePuy ASR hip recall of August 2010 was prompted by its safety concerns about the device and a “higher than expected” failure rate, according to a report from Bloomberg.com.

Graham Isaac also said Johnson & Johnson failed to warn of the risks associated with the DePuy ASR metal-on-metal hip replacement, which was defectively designed. This case, filed by a 65-year old Montana man, was the first of 10,000 to go to trial over the device and was heard in California state court Feb. 4 by a Los Angeles jury.

DePuy ASR Hip Lawsuit Allegations

DePuy ASR hip lawsuits that have already been filed claim DePuy officials were aware that the failure rate was higher than the 12 percent of devices it alleged at the time of the recall. Counsel for the plaintiff, who supposedly suffered high metal levels which manifested itself in blackened tissue after debris from the implant entered his bloodstream, pointed out clinical data findings that have indicated high failure rates stemming from the device.

A DePuy analysis conducted in September 2011, for example, showed a 37 percent failure rate of ASR hips within the first 4.5 years, and the Australian national registry later showed a 44 percent hip failure rate after seven years.

Johnson & Johnson asserts that the plaintiff’s metal levels were caused by his diabetes, high cholesterol and blood pressure, kidney cancer, strokes and overall poor health.

DePuy also continues to deny that the DePuy ASR hip recall was issued because of safety concerns over the device. The unit’s president testified in a deposition that the 93,000 implants were recalled because they “did not meet the clinical needs for the product.”

How to File a DePuy ASR Hip Lawsuit

If you suffered complications stemming from early failure rates, metallosis and other side effects after receiving this device, you may be eligible to file a DePuy ASR hip lawsuit. Call a lawyer at Bernstein Liebhard LLP at (877) 779-1414 for more information.

Published February 5, 2013 by