A California jury’s decision in March to award $8.3 million in damages to a Montana man whose DePuy ASR lawsuit proved the metal-on-metal hip implant he received was defectively designed will stand, despite the manufacturer’s attempts to reverse it, MassDevice.com reports.

According to an article published May 28th, California Judge J. Stephen Czuleger recently denied a request for a new trial by Johnson & Johnson and its subsidiary, DePuy Orthopaedics on the grounds that the plaintiff had presented enough evidence during the March hearing to prove the metal-on-metal hip was defectively designed.

At the time the verdict was reached in Los Angeles Superior Court, Johnson & Johnson said it planned to appeal the jury’s verdict to rule in favor of the plaintiff, which the company described as “mixed,” according to a New York Times report published March 8th.

Verdict to Award $8.3 Million to Plaintiff Affected By DePuy ASR Hip Replacement Recall Will Remain, Judge Says

On that date, jurors in Los Angeles Superior Court ruled that Johnson & Johnson’s DePuy unit should be held liable for  failing to warn about the side effects its ASR metal-on-metal hip may cause patients, which may include adverse tissue reactions, pain, swelling, metallosis (metal ion poisoning) and other unpleasant indications of early hip failure. Thousands of lawsuits pending in a multidistrict litigation (MDL) underway in the U.S. District Court for the Northern District of Ohio allege revision surgeries to repair these complications are often necessary.

The first bellwether trials in this litigation are slated to begin in September 2013. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)

During closing arguments heard Feb. 28 in this DePuy ASR trial, a lawyer for the plaintiff accused Johnson & Johnson’s DePuy unit of playing “Russian roulette” with patient safety after calling the company a “ruthless competitor” for placing profit ahead of product safety.

Evidence brought to light during this trial suggested the company knew about the problems with the artificial hip years before the August 2010 DePuy hip replacement recall, which was announced after it was suggested that its metal components may have a tendency to fret or corrode, causing adverse tissue reactions. The device was also tied to unusually high revision rates—within five years of implantation, research showed 12-13% of recipients would suffer early hip failure.

Talk With a Lawyer about Filing a DePuy ASR Lawsuit

If you experienced complications stemming from the DePuy ASR metal-on-metal hip replacement, you should consider joining the thousands of allegedly injured patients who have filed claims against Johnson & Johnson and its subsidiary, DePuy Orthopaedics. Contact Bernstein Liebhard LLP at (877) 779-1414.

Published May 29, 2013 by