Johnson & Johnson failed its own safety tests when designing the DePuy ASR hip replacement, testimony from the first DePuy ASR hip recall lawsuit to go to trial reveals. Instead of fixing the defect, the company simply changed its protocol.

According to testimony from a biomedical engineer and consultant, DePuy’s internal document showed that the ASR hip implant caused 16 times more toxic chromium and cobalt debris to be shed into patient’s bodies than another DePuy hip. The company’s original design criteria required the ASR to be at least as a good as a predecessor device, but when the ASR hip replacement failed the test, DePuy found other devices for comparison to put the ASR hip implant in a better light.  “It’s horrible practice,” the witness said, “You are playing games with what the requirements for the device are.”

Witnesses in DePuy ASR Hip Recall Trial Testify On ASR Design Defects

A previous testimony from an epidemiologist at Dartmouth Medical School, brought to light data from the Australian national joint registry that showed that the ASR total hip replacement implant had a 22 percent failure rate after five years, and a 44 percent failure rate after seven. Data from other countries also showed “extraordinarily high” failure rates.

Jurors also saw the videotaped testimony from a DePuy design team leader who conducted a failure mode and effect analysis of the ASR hip implant. According to his testimony, the company never told doctors that the ASR hip implant had failure rates that were eight times as high as that of another DePuy hip implant. DePuy decided not to redesign the ASR cup, citing financial and business reasons. The company stopped selling the device in late 2009, a move that was supposedly not safety related.

In August 2010, the company issued the worldwide hip recall which would affect 93,000 device worldwide. Thousands of patients have been forced to undergo revision surgery and suffered serious complications because of the device, and more than 10,000 of them are now filing lawsuits against Johnson & Johnson, bringing claims of negligent recall, failure to warn and defective design.

How to File A DePuy ASR Hip Replacement Lawsuit

If you suffered metallosis or hip replacement failure as a result of a DePuy ASR hip implant, you may be entitled to compensation for your medical costs, lost income, pain and suffering, and more. Learn more about filing a DePuy ASR hip recall lawsuit by consulting a lawyer today. Call 1-877-779-1414 for a free case review.

Published January 29, 2013 by