The first of nearly 10,000 lawsuits against DePuy Orthopaedics (a subsidiary of Johnson & Johnson) is set to begin this week. However, the manufacturer’s litigation strategy may change as newly released internal company documents show that the company knew that failure rates in its ASR (Articular Surface Replacement) hip implant devices would be high. Very high. In fact, the metal-on-metal hip replacement maker determined that nearly 40% of all ASR patients would experience a failure within five years – but did nothing to warn consumers.
Manufacturers Played Down Risks
According to the New York Times, DePuy conducted internal analysis soon after it recalled its metal-on-metal hip implant device in 2010. That analysis showed much higher failure rates than the manufacturers expected and suggested that the ASR system will likely fail in thousands of other patients in the coming years – resulting in the need for additional surgeries.
Despite similar findings reported in England, DePuy seemed to have played down the risks of premature failure, as well as mounting evidence that the devices were also causing metallosis – a condition caused by metal parts rubbing together and releasing metallic debris into the blood stream. Metallosis can damage tissue and bone and lead to a host of serious health problems. DePuy hip injury attorneys say that the company may have to start settling lawsuits – and quickly.
Billions Of Dollars At Stake
A recent article in Bloomberg reported that J&J may be considering a $2 billion settlement as hundreds of other internal company memos become public and the first of over 10,000 lawsuits consolidated in Ohio and California go to trial. In fact, the company took a $3 billion special charge last year – much of it related to medical and legal costs associated with what many are calling one of the biggest medical device failures in recent decades.
Hip replacement surgery is not a simple procedure – and undergoing that procedure twice within a few years is simply unacceptable. Even if DePuy hip implant injury victims don’t have to undergo another painful, expensive and time-consuming surgery, they may still suffer metallosis, pain and discomfort, infection, damage or fracture to the bone and have difficulty walking.
If you’ve been injured by a DePuy ASR hip implant, contact The Driscoll Firm, LLC, to find out more about the upcoming trials, discuss your situation and determine whether you might be entitled to compensation.
