California’s First DePuy ASR Hip Recall Lawsuit Set to Start in January
A California Superior Court Judge overseeing DePuy ASR hip lawsuits in that state has scheduled the litigation’s first trial for January 2013. In an Order dated November 5th, Judge Richard A. Kramer also stipulated that discovery would continue in the California DePuy ASR hip recall litigation in San Francisco.
DePuy Orthopaedics, a division of Johnson & Johnson, recalled its ASR XL Acetabular and ASR Hip Resurfacing hip devices in August 2010, after they were found to have an unacceptably high failure rate. Overall, some 93,000 DePuy ASR hip implants were pulled off of the global market.
Since then, thousands of DePuy ASR hip lawsuits have been filed in courts around the country. Many of those claims are pending in a federal consolidated litigation in U.S. District Court, Northern District of Ohio. Overall, there are approximately 6,000 DePuy ASR hip lawsuits in the federal multidistrict litigation, and another 2,000 claims pending in state courts throughout the U.S. The first trial in the federal DePuy ASR hip litigation is expected to begin next spring.
The California DePuy ASR hip lawsuit scheduled to go to trial in January was filed by Loren Kranskey, who had sought an expedited trial for health reasons. Judge Kramer had granted that motion in September. According to the Judge’s November 5th Order, the case will be sent to Judge Carolyn Kuhl in Los Angeles Superior Court, the originating court for trial. The Kranskey lawsuit is likely to be the first DePuy ASR hip recall lawsuit to go to trial in the state.
The DePuy ASR hip is a metal-on-metal hip implant in which the ball and cup are made from a cobalt-chromium alloy. Since the August 2010 recall, regulators in the U.S., Canada, the U.K. and Australia have advised patients with metal-on-metal hip implants to undergo regular monitoring, including imaging scans and blood tests, to ensure their devices are working properly. A number of studies have shown that these types of implants can shed dangerous amounts of metal ions into the tissue surrounding the joint. The phenomenon may result in an adverse local tissue reaction known as metallosis, which can cause the device to become loose, and result in tissue death and bone loss. Some studies have also indicated that metal ions shed by all-metal implants can accumulate to dangerous levels in the blood stream, and may cause problems for the heart, kidneys and other organs.
Earlier this year, the U.S. Food and Drug Administration disclosed that it had has received nearly 17,000 adverse event reports about metal-on-metal hip systems, including 14,121 reports of patients who had to undergo revision surgery, which is often an extensive and painful process. The agency has ordered all manufacturers of metal-on-metal hip implants to conduct safety studies of their products as part of its ongoing safety review of these devices.
If you or a loved one were a victim of the DePuy ASR hip recall, you may be entitled to compensation for your pain and suffering. To learn more about DePuy ASR hip lawsuits, please contact the attorneys at Bernstein Liebhard LLP today by call 1-877-779-1414.