DePuy ASR Hip Recall Lawsuit Update: Judge Brings Causes of Action From 14 to 10 In California Lawsuit
The first DePuy ASR hip recall trial in the nation will proceed in Los Angeles Superior Court with ten causes of action on January 22nd, 2013. The parties submitted a statement notifying the judge that four of the 14 causes of action had been dismissed or withdrawn. The remaining causes of action include:
- Design defect
- Failure to warn
- Failure to adequately test
- Breaches of warranties
- Fraudulent concealment
- Intentional misrepresentation
- Negligent misrepresentation.
Judge Richard A. Karmer, who presides over the coordinated DePuy ASR litigation in San Francisco Superior Court, granted DePuy’s motion to dismiss causes of action for strict products liability, manufacturing defect, negligent recall and unlawful business practices. The plaintiff voluntarily dismissed a claim for loss of consortium. Judge Karmer also returned the case to its originating Los Angeles court for trial.
More Than 10,000 DePuy ASR Hip Recall Lawsuits Progressing
Currently, approximately 2,000 DePuy ASR hip recall lawsuits are underway in California state courts, and over 7,000 are progressing in the federal MDL, which are progressing before Judge David A. Katz in the U.S. District Court for the Northern District of Ohio. The lawsuits are well underway, with tens of thousands of pages of documents already produced as evidence and over 50 witnesses deposed.
The DePuy hip recall lawsuits are filed by patients who received a metal—on-metal DePuy ASR hip implant and suffered complications or hip replacement failure. Johnson & Johnson recalled the ASR hips in August 2010 because of their alarmingly high failure rates. The hips were also associated with increased risk of metallosis, or metal poisoning from the toxic cobalt and chromium ions that seeped into patients’ bloodstream and tissue. 93,000 devices were affected by the DePuy ASR hip recall. In a 2011 analysis, DePuy estimated that approximately 37 percent of DePuy ASR hip implants will need to be replaced within five years of implantation.
Patients who experience hip replacement failure must go through revision surgery to remove the defective device.
Contact A DePuy ASR Hip Replacement Lawyer
If you were affected by the DePuy ASR hip recall and went through revision surgery or suffered other adverse effects, join the more than 10,000 other victims in filing a lawsuit to seek compensation for your injuries. You may be entitled to damages for medical costs, lost income, pain and suffering, and more. Learn more by consulting a DePuy ASR hip replacement lawyer at our firm. Call 1-877-779-1414 for a free case review.