J&J Executive Aware of Design Problems Years Before DePuy ASR Hip Recall Testifies in Trial
In 2011, Johnson & Johnson appointed a new executive for the orthopedics division, which issued the DePuy ASR hip recall of 2010 that affected 93,000 devices worldwide. The company said it was a new start, but evidence from the Los Angeles DePuy ASR hip replacement trial reveals that the executive had supervised the introduction of the ASR hip implant to market, and knew about the hip implant’s defects years before the recall.
Not only that, but he held a senior marketing role when the company opted not to tell health officials in other countries that the FDA had rejected a version of the ASR hip implant for sale in the U.S.
Parts of his videotaped testimony were shown to jurors in the Los Angeles trial. He testified that he was in charge of the 2005 introduction of the ASR hip implant into this country. Within three years, he and other DePuy executives had received reports of metal debris shedding and higher than expected failure rates from the device. He also participated in a meeting with other DePuy executives to discuss a plan to redesign the problematic cup of the ASR hip implant, a proposal that the executives rejected because of financial reasons.
J&J Aware of DePuy ASR Hip Replacement Problems Years Before Recall
In 2009, the company officials received an email about the design problems with the device. “The issue seen with A.S.R. and XL today, over five years post-launch, are most likely linked to the inherent design of the product and that is something we should recognize.” The company had previously said that the reports of problems with the hip replacement were due to surgeon implantation techniques.
In 2010, J&J finally issued the DePuy ASR hip recall. When asked if the company recalled the ASR hip replacement because it was unsafe, the executive maintained that the company recalled the ASR hip implant “because it did not meet the clinical standards we wanted in the marketplace.”
DePuy’s current internal estimates suggest that the ASR hip implant will fail in approximately 40 percent of recipients within five years of implant, which is eight times higher than the failure rate for many other hip replacement implants. Patients with the ASR hip implant suffer from problems such as metal poisoning, tissue damage, and often are forced to undergo revision surgery to remove the defective implant.
Over 10,000 DePuy ASR Hip Replacement Lawsuits Filed
J&J is now facing more than 10,000 DePuy ASR hip recall lawsuits, alleging negligent recall, failure to warn, and defective design. Victims of the recall are seeking compensation for their medical expenses, lost wages, pain and suffering, and more. The Los Angeles case was the first DePuy ASR hip recall lawsuit to go to trial. In federal court, over 7,000 cases have been consolidated into a multidistrict litigation, with bellwether trials scheduled for later this year.
If you received a DePuy ASR hip implant and experienced hip replacement failure or other complications, speak to a lawyer at our Firm today to learn more about how to protect your legal rights. Call (877) 779-1414.