The first DePuy ASR hip recall lawsuit trial has started in Los Angeles Superior Court, and continues to uncover evidence about Johnson & Johnson’s questionable actions regarding the recall.

Internal documents uncovered in the trial shows that J&J executives were aware of a critical design flaw in the DePuy ASR hip implant years before they issued the 2010 worldwide recall. As early as 2005, when J&J first began to market the DePuy ASR hip replacement in the U.S., the company had started receiving reports about metal debris shedding. Toxic cobalt and chromium ions shed from the ball-and-socket joint of the hip implants and can cause alarming adverse effects in patients. An internal company test in 2007 revealed that the ASR’s performance failed in comparison to another model of metal hip implant.

Though DePuy executives discussed trying to fix the defect, evidence suggest that they never took action, and continued to actively market the ASR hip replacement. According to court documents, one DePuy sales official told a colleague in 2008 that “we will ultimately need a cup redesign, but the short-term action is manage perceptions.”

In 2009, the company began to phase out the ASR hip implant, citing sales numbers rather than safety defects. That fall, the FDA rejected DePuy’s application to sell the ASR hip resurfacing implant in the United States, citing concerns about high metal ion levels in patients. A year later, J&J issued the DePuy ASR hip recall, which would affect 93,000 devices worldwide.

DePuy ASR Hip Replacement Lawsuits Seek Compensation for Victims’ Injuries

According to DePuy’s internal estimates, nearly 40 percent of the ASR hip implants are expected to fail within five years of surgery. Over 10,000 lawsuits have been filed against J&J by recipients who suffered from defective ASR hip replacement implants. The lawsuits allege that J&J manufactured a defective device, and continued to market it despite knowing about its design defects, failing to adequately warn patients about the risks of metallosis and hip replacement failure.

Approximately 2,000 DePuy ASR hip recall lawsuits are underway in California state courts, and over 7,000 have been consolidated in the federal MDL in the U.S. District Court for the Northern District of Ohio.

If you were received a DePuy ASR hip implant and suffered hip replacement failure or other complications, consider filing a DePuy hip recall lawsuit and seek compensation for your injuries, including medical costs, lost income, pain and suffering, and more. For more information, speak to a DePuy ASR hip replacement lawyer today. Call 1-877-779-1414.

Published January 28, 2013 by