It has been reported in the media that on Oct. 1, 2013, Johnson & Johnson settled the first bellwether trial against its DePuy ASR metal-on-metal hip implant from a group of lawsuits consolidated in San Francisco Superior Court (DePuy ASR Hip System Cases; CJC-10-004649, San Francisco Superior Court, Calif.). The Plaintiff in the first bellwether was Robert Eugene Ottman, according to court documents. Settlement details were not available.
Litigation against DePuy is not limited to the consolidated lawsuits in San Francisco Superior Court. Thousands of DePuy ASR lawsuits were filed, according to court documents, in the wake of the implant’s August 2010 recall, as confirmed by a U.S. Food and Drug Administration (FDA) recall notice, updated on Jan. 17, 2013. These include multi-district litigation (MDL) in U.S. District Court, Northern District of Ohio (In Re: DePuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation, MDL No. 2197). DePuy also sold a metal-on-metal implant under the Pinnacle brand, which is also facing litigation, such as an MDL in the U.S. District Court for the Northern District of Texas (MDL No. 3:11-md-02244).
According to a Jan. 17, 2013, FDA safety alert concerning metal-on-metal hip implants, these devices, as a class of medical device, have failed; most all-metal implants have been recalled and are subject to major litigation; and people implanted with this kind of hip replacement system may experience adverse events after surgery, including:
- Hip dislocation, when the ball of the thighbone (femur) slips out of its socket in the hip bone (pelvis)
- Bone fracture
- Joint infection
- Local nerve damage with numbness/weakness
- Device loosening or breakage
- Difference in leg lengths
- Bone loss (osteolysis)
The FDA also noted that patients should be aware of potential symptoms that may occur after three or more months after surgery, including:
- Pain in the groin, hip or leg
- Swelling at or near the hip joint
- A limp or change in walking ability
- Noise (popping, grinding, clicking or squeaking) from the hip joint
If you feel you are a victim of a defective DePuy Pinnacle or A.S.R. Metal on Metal Hip Implant, then call The Law Offices of Lee W. Davis, Esquire, L.L.C. for your FREE INITIAL CONSULTATION at 1 (855) 397-6640 (Toll Free).