In a development that bodes well for countless other people in a similar position, the plaintiff in the first trial over DePuy's ASR hip replacement systems has won a large jury verdict. The Los Angeles jury awarded $3.8 million to this plaintiff today - an indication that other recipient's of the DePuy ASR implants are also entitled to compensation.
In 2008, a physician consultant sent a note to Johnson & Johnson executives telling them to slow marketing on the DePuy ASR hip implant. The doctor wrote that the Articular Surface Replacement was poorly designed. He was not alone; other doctors also recommended that the company stall hip implant marketing efforts.
The first of nearly 10,000 Depuy all-metal hip implant trials has made it to Los Angeles Court. The plaintiff in this first case contends that Johnson & Johnson's ASR XL hips had a defective design, Johnson & Johnson knew about the defects and it failed to timely warn consumers.
A recent investigation by Consumer Reports Magazine has concluded what far too many Californians know firsthand: many medical devices are released to the market without adequate safety testing. These defective medical devices often fail and result in massive class action lawsuits, but medical device manufacturers know that they can make millions of dollars before the first lawsuits come in.
Medical device manufacturer Johnson & Johnson faces a variety of product liability lawsuits based on its DePuy ASR Hip Implants. The all-metal hip implants were inadequately tested before they were released for sale and experienced high failure rates.
Rejection by the United States Food and Drug Administration was not enough to stop one company from selling a product outside the U.S. The well-known company Johnson & Johnson continued to sell its defective DePuy hip implant overseas, including in Europe, despite the FDA ban on the sale of this device in the United States because of safety concerns. Because regulations overseas can differ significantly from those in the United States, the company can say that it operated fully within the law.