Proving that two juries can return very different verdicts in cases filed over the same product, a jury in Chicago rejected plaintiff allegations yesterday in the second DePuy ASR hip replacement lawsuit to go to trial in the U.S. that the Johnson & Johnson subsidiary inappropriately marketed its ASR hip replacement device, according to the New York Times.

The verdict, reached April 16th, was the second of more than 10,000 claims involving the DePuy Orthopaedics-manufactured Articular Surface Replacement to be heard in the U.S. (Strum v. DePuy, 2011-L-9352, Circuit Court of Cook County) A month earlier, a Los Angeles Superior Court jury reached a very different decision by awarding $8.3 million in the first DePuy ASR hip lawsuit trial.

Chicago Jury Rules in Favor of Defendant in DePuy Hip Replacement Lawsuit

The Illinois state court jury’s decision may be seen as surprising given the discoveries made during the trial. Not only did internal DePuy documents reveal that company officials were aware of the hip replacement’s flawed design prior to the DePuy ASR hip recall in August 2010, they also never shared their findings with doctors and patients. DePuy even considered redesigning the implant.

Despite the eventual outcome of this DePuy ASR hip lawsuit, a Bloomberg.com report indicated at least four of the 12 jurors on the Illinois panel had wanted to rule in favor of the plaintiff in this case after her lawyers argued that the chromium and cobalt device shed metallic debris into her body. Since she was hyper-sensitive to the implant, her pain was not relieved after receiving a different hip replacement, defense lawyers said.

DePuy Orthopaedics issued a recall of its ASR metal-on-metal hip replacement after post-market surveillance data indicated the potential for its components to fret and/or corrode, which may cause a host of adverse tissue reactions including metallosis (metal ion poisoning). Metallosis is caused by metallic debris seeping into a patient’s blood stream.

According to court records, almost 11,000 DePuy ASR hip lawsuits have been filed in state and federal courts since the DePuy ASR hip recall. Many of these claims, which are pending in a federal multidistrict litigation (MDL) underway in the U.S. District Court for the Northern District of Ohio, claim the device may cause pain and swelling, metallosis, immobility and inflammation of the surrounding tissue.

How to File a DePuy ASR Hip Lawsuit

Patients who claim to have suffered injuries stemming from the DePuy ASR metal-on-metal hip replacement may be eligible to file a lawsuit against the manufacturer. To find out more about how to file a claim, contact an attorney at Bernstein Liebhard LLP at (877) 779-1414.

Published April 18, 2013 by