Of late, it has been widely reported that Johnson & Johnson and DePuy have agreed to a $4 billion settlement of thousands of DePuy ASR hip lawsuits that have been filed across the U.S. The settlement involves anywhere between 7,000 and 8,000 lawsuits targeted at DePuy, a unit of Johnson & Johnson, over their metal-on-metal hip implant, the DePuy Articular Surface Replacement (ASR) device. The reported settlement could be the largest ever in the history of defective medical device litigation.
Though the settlement is speculated to be around $4 billion, this amount could see a significant increase with individuals filing claims against DePuy in the future. According to the New York Times, only plaintiffs who have undergone revision surgery to remove and replace the DePuy ASR hip implant qualify for compensation under the tentative arrangement.
In 2003, DePuy began an international sales campaign for their resurfacing model of the ASR hip implant. This campaign targeted the UK and Australia, but excluded the U.S. Then, in 2005, DePuy introduced the standard model of the DePuy ASR hip implant onto the U.S. medical device market. While DePuy only sold the standard model inside of the U.S., they sold both the resurfacing model and the standard model internationally.
In 2009, following a request from the U.S. Food and Drug Administration (FDA) for safety information on the ASR hip implant, DePuy began an effort to remove the standard model of the ASR hip implant from the U.S. market. Simultaneously, DePuy was also seeking FDA approval for the resurfacing model, still being sold internationally since 2003, but not yet in the U.S.
However, with increasing reports connecting DePuy’s hip implant with the release of metal particles, the FDA declined to approve the device.
According to the New York Times, DePuy did not share the FDA’s rejection with foreign regulatory organizations in countries where they were still selling the resurfacing model.
Based upon the evidence that has been presented thus far in court cases involving individuals who claim injury from DePuy’s ASR hip implant, it appears that DePuy did indeed design a defective medical device. In cases where manufacturers knowingly keep a dangerous product on the market, the defective medical device attorneys at Carey Danis & Lowe strongly believe in holding accountable those entities who compromise patient safety and health.
If you received a DePuy ASR hip implant, discuss your legal options with Carey Danis & Lowe today. Our case evaluations are free, and we can assist you with filing a DePuy ASR hip lawsuit. Additionally, we work alongside a team of medical experts, who are available to speak with you about health issues related to the DePuy ASR hip implant.
Share your defective medical device story with Carey Danis & Lowe today by calling 800.721.2519, or by completing a confidential personal injury claim.References: Defective Medical Device litigation, Hip/Knee Replacement