Not long before Johnson & Johnson was scrutinized for potentially taking too long to address the early failure rates and health risks associated with 2010’s DePuy ASR hip recall, the company was hailed for its ability to assess a problem with one of its products and act on it as quickly as possible, USAToday.com reports.

In reference to the widely-publicized DePuy ASR hip recall of August 2010, which affected 93,000 metal-on-metal hip replacement devices, an editorial published Mar. 24 reminds readers that the drugmaker did not always act this way.

Authors called to mind the Tylenol tragedy of 1982, when seven people died after taking the medication spiked with cyanide. Johnson & Johnson responded by swiftly pulling millions of bottles from shelves in a matter of days. Now, Tylenol packaging is tamper-resistant, and has since become an industry standard.

As plaintiffs in DePuy ASR hip lawsuits may now say, the way in which Johnson & Johnson dealt with this situation is very different from its handling of the DePuy ASR hip recall.

“In the late 2000s, as evidence mounted that two of its hip implants were failing at high rates, a J&J subsidiary left the devices on the market for several years,” USAToday.com says.

DePuy ASR Hip Lawsuit Plaintiff Awarded $8.3 Million

In March 2013, the company lost its first case filed over the DePuy ASR metal-on-metal hip to a Montana prison guard who alleged injuries from the hip replacement. Upon finding that Johnson & Johnson defectively designed the device, a Los Angeles jury awarded the plaintiff $8.3 million in damages. His was the first of 10,000 DePuy ASR hip lawsuits to go to trial in the U.S.

A series of discoveries were made during this hearing, which began Jan. 25. In 2006 for example, it was found that an official for DePuy sent an internal e-mail revealing early failure rates associated with one of the ASR artificial hips found by a surgeon in the Netherlands. A year later, an Australian doctor told DePuy that the same device was “a flawed prosthesis and should be withdrawn from the market.” In 2008, a consulting surgeon for DePuy warned of complications associated with the metal-on-metal hip, saying, “I do not use the ASR.”

Considering a DePuy ASR Hip Lawsuit? Call an Attorney Today.

If you suffered complications associated with the DePuy ASR metal-on-metal hip, contact an attorney at Bernstein Liebhard LLP today. You may be eligible to file a claim. Call the Firm directly at (877) 779-1414.

Published March 26, 2013 by