It’s one of the most common questions asked by our clients.  The hard and fast answer to this question is “we agree”—the DePuy ASR lawsuits our Firm handles are brought against the manufacturer, DePuy Orthopeadics, and its parent company, Johnson & Johnson.  None of the DePuy ASR lawsuits we file are medical malpractice suits against orthopedic surgeons, primary care physicians and the like.  While this is an absolute answer and this issue could be put to rest once and for all, the fact that so many of our clients have repeatedly expressed this concern warrants some discussion.  Our clients have retained us as counsel to represent them because they were among the 37,000 Americans who received a defective DePuy ASR implant.  Many are dealing with severe hip pain, revision surgeries and metal poisoning, yet their biggest concern is that they do not want to take legal action against the doctor who implanted the defective device.  We believe that our clients, as well as the doctors who performed the hip replacement surgeries, were unaware of the manufacturing defects associated with the DePuy ASR hip systems.  If these doctors knew about the early failure rates associated with the ASR hip implants, clearly they would have chosen a different type of hip implant.

Query . . . What position is DePuy taking regarding those same doctors that our injured clients care so much about?  One of the defenses DePuy is putting forth in its Master Answer to Plaintiffs’ Complaint is:  “The injuries and damages sustained by Plaintiffs, if any, were caused in whole or in part by the acts or omissions of persons over whom Defendants have no control or right of control.”  We can’t help but wonder, is DePuy planning on trying to shift blame to the doctors who implanted the defective devices?

Published May 20, 2011 by