Not long after the DePuy ASR recall of August 2010, Johnson & Johnson learned the harsh truth about its metal-on-metal hip replacement. An internal analysis conducted by the company in 2011 revealed that for about 40% of patients who received it, the device would fail within the first five years.

According to a Jan. 22 report from the New York Times, this information was not disclosed until now, and may affect the upcoming DePuy ASR hip lawsuits currently preparing to go to trial.

Was J&J Withholding Safety Information Before the DePuy ASR Recall?

 The findings of this analysis, which represent “one of the biggest medical device failures in recent decades,” according the Times, were allegedly kept private when a similar investigation was conducted by a British implant registry around the same time. Back then, Johnson & Johnson publicly downplayed the possibility that the DePuy ASR metal-on-metal hip replacement led to early failure rates.

The Johnson & Johnson analysis was just one of many court documents uncovered last week in California Superior Court in Los Angeles.  According to the New York Times report, this is where the first DePuy ASR hip lawsuit in the U.S. is expected to begin on Friday. Judge J. Stephen Czuleger unsealed a number of motions last Friday containing related company documents and portions of pretrial depositions of DePuy officials. A plethora of additional information is expected to go public as the trial begins, the Times article stated. (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County)

DePuy ASR Hip Lawsuits

Thousands of additional DePuy ASR hip lawsuits are pending in a multidistrict litigation (MDL) currently underway in the U.S. District Court for the Northern District of Ohio. The first federal bellwether trials for DePuy ASR hip lawsuits are scheduled to be heard May 6, 2013 and July 8, 2013, and could predict how juries will rule in future cases.

The DePuy ASR hip recall was announced in August 2010 after it was suggested that the hip implants may fail early and cause metal ion poisoning (metallosis), which occurs when metallic debris is shed into the patient’s bloodstream, creating the need for revision surgeries to remove it.

The recently disclosed information about Johnson & Johnson’s internal analysis may likely raise questions about DePuy Orthopaedics’ Pinnacle hip replacement. While a DePuy Pinnacle recall has not been announced, certain versions of this device are of metal-on-metal design. Many members of the medical community may be wondering whether Johnson & Johnson is withholding findings about the safety of this implant as well.

Considering a DePuy ASR hip lawsuit? Contact a Lawyer Today.

If you received the DePuy ASR hip replacement before it was recalled in August 2010 and you suffered an early failure or were forced to undergo revision surgeries, contact a lawyer at Bernstein Liebhard LLP to discuss filing a DePuy ASR hip lawsuit. Call (877) 779-1414 to speak with an attorney directly.

Published January 23, 2013 by