Closing arguments for the first of 10,000 DePuy ASR hip lawsuits to go to trial in the U.S. were heard by a jury in Los Angeles Feb. 28, The L.A. Times reports.

Given its potential knowledge of early failure rates associated with the DePuy ASR metal-on-metal hip replacement, the attorney for the plaintiff in this case concluded that Johnson & Johnson played “Russian roulette” with patient safety by allowing the device to be sold until August 2010.

93,000 devices were affected by the DePuy ASR hip recall issued by the world’s largest seller of medical products. Now, thousands of claims filed over the product are pending in state and federal courts, most in a federal multidistrict litigation (MDL) in the U.S. District Court for the Northern District of Ohio.

Allegations in DePuy ASR Hip Lawsuits

These DePuy ASR hip lawsuits allege Johnson & Johnson failed to warn of the risks associated with the metal-on-metal hip replacement, which may include early hip failure, pain, swelling and symptoms of metallosis (metal ion poisoning), which may occur when metal components of the device rub together, causing fretting and corrosion. As a result, metallic debris may seep into the patient’s blood stream, causing adverse tissue reactions.

“They wanted to play Russian roulette with patients,” the plaintiff’s attorney said of Johnson & Johnson. “This defendant didn’t care about patient safety.”

Despite these allegations, the company maintains that in the case of this plaintiff, a 65-year old retired prison guard from Montana, the injuries described in his lawsuit were a result of diabetes, kidney cancer and other medical problems.

Trial May Predict Future Outcomes of DePuy ASR Hip Lawsuits

The outcome of this trial, which began Jan. 25, may predict how juries will respond to similar actions in the future. The case went to the jury Thursday, Feb. 28 and deliberations were expected to begin the next day.

The lawyer for this plaintiff suggested that jurors rule in his favor, awarding him $5 million for his pain and suffering. He also said Johnson & Johnson should be ordered to pay $179 million in punitive damages.

Considering a DePuy ASR Hip Lawsuit? Contact Us Today.

If you suffered complications stemming from this metal-on-metal hip replacement device, you may be eligible to file a DePuy ASR hip lawsuit against the manufacturer. Contact a lawyer at Bernstein Liebhard LLP today at (877) 779-1414.

Published March 5, 2013 by