Bernstein Liebhard LLP reports on a February 22, 2012 article published in the New York Times revealing that a Johnson & Johnson (“J&J”) executive notified senior management that the Food and Drug Administration (“FDA”) refused to approve one version of the now-recalled DePuy ASR hip replacement implants. In August 2009, Pamela Plouhar, a vice president of DePuy Orthopaedics, emailed three executives, including DePuy’s president at the time, David Floyd. In the email, Plouhar explained that the FDA reviewed company studies and clinical data and ultimately concluded that the device did not meet the FDA’s approval standards because of its high early failure rates. She also noted that conducting a new study of the ASR hip replacement might take years, and not change the FDA’s decision. Plouhar wrote, “The team’s concern is that given the revision rate in the ASR group that we will still not be able to demonstrate non-inferiority, with additional downside risk.” Although company executives knew of the serious ASR hip replacement problems in August 2009, it took a year for the company to act. “This email serves as yet further evidence in these cases that DePuy knew there were problems with the ASR long before they issued a recall of the product. It also supports Plaintiffs’ allegations that the Company tried to quietly hide the ASR’s excessive failure rates by telling doctors, patients and investors that they were simply phasing out the device because of declining sales,” said Bernstein Liebhard LLP partner Felecia L. Stern, who is representing clients in the DePuy ASR lawsuits. The New York Times also reported that on February 21, 2012, a day before this telling email was made public, William C. Weldon, the Chief Executive Officer of J&J during the DePuy ASR recall, announced that he will step down in April 2012.

Hip Replacement Lawsuits Mount Following DePuy ASR Hip Recall

In August 2010, a year after the FDA ASR rejection, and after receiving data from the National Joint Registry of England and Wales that 1 out of every 8 patients (12%-13%) who received the ASR hip implants had to undergo revision surgery within five years of implant, DePuy issued a worldwide voluntary recall of all variations of the ASR hip implants. Litigation over the defective ASR hip implants has surged since the recall. The New York Times estimates that 5,000 hip replacement lawsuits have been filed against J&J over the controversial ASR hip replacement implants.

The DePuy hip recall lawyers at Bernstein Liebhard LLP are actively filing cases on behalf of individuals allegedly injured by the artificial ASR metal-on-metal hip implants in In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation (“MDL No. 2197”), which is currently underway in the U.S. District Court for the Northern District of Ohio.

Since J&J issued its hip replacement recall 2010, Bernstein Liebhard LLP has provided a wealth of consumer information concerning the ASR hip systems on its website, Those who received a DePuy ASR hip implant and have experienced hip replacement pain or had to undergo revision surgery may be entitled to compensation for medical bills, pain and suffering, lost wages and other injuries.

For more information about filing a DePuy ASR lawsuit, contact an attorney at Bernstein Liebhard LLP at (877) 779-1414 or at

About Bernstein Liebhard LLP

Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past nine consecutive years. Only two firms in the country have been selected for the Hot List nine years in a row.

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ATTORNEY ADVERTISING. © 2012 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, (212) 779-1414. The lawyer responsible for this advertisement in the State of Connecticut is Amy L. Abate.  Prior results do not guarantee or predict a similar outcome with respect to any future matter.

Contact Information:
Felecia L. Stern, Esq.
Bernstein Liebhard LLP

Published February 23, 2012 by