Prince George County Archives - Carey Danis & Lowe

DePuy ASR Hip Replacement Lawsuit Update: Trials Scheduled to Begin this Year in Maryland, New Jersey, and Ohio

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

DePuy ASR Hip Replacement Lawsuit Update: Trials Scheduled to Begin this Year in Maryland, New Jersey, and OhioAround the country, individuals have been filing DePuy ASR Hip Replacement lawsuits, and a handful of these suits are slated to begin trial later this year. DePuy ASR Hip Replacement cases are pending in Ohio, Maryland, California, and New Jersey.

One trial being heard in Maryland was scheduled to begin on January 7, 2013, but court proceedings have since been stopped as the plaintiff considers consolidating the case into a federal court in Ohio. The case is Jackson v. DePuy Orthopaedics Inc., which up until the trial cessation was being heard in a Circuit Court in Prince George’s County in Upper Marlboro, Maryland, presided over by Judge Crystal Dixon Mittelstaedt.

Though the Jackson trial is stalled for an uncertain period of time, Johnson & Johnson is attempting to hinder an orthopedic surgeon, Dr. Robert Snowden, from presenting testimony as the plaintiff’s expert witness. According to a Bloomberg article about the Jackson case, Dr. Snowden intended to share with the jury the cancer risks tied to the DePuy ASR Hip Replacement system.

In venturing to block Dr. Snowden’s testimony, Johnson & Johnson argued that Dr. Snowden has no qualifications that would render him an authority on the cancer risks connected to the DePuy metal on metal hip.

In a New Jersey Superior Court, the first DePuy ASR Hip Replacement lawsuit will go on trial on September 9, 2013, with the second trial following soon after on October 21, 2013.

DePuy ASR Hip lawsuits are also being heard in Ohio, and have been consolidated into a Multi-District Litigation (MDL) in the U.S. District Court for the Northern District of Ohio in Toledo. The MDL is in re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation MDL no. 2197. The first trial in the Ohio federal court is scheduled to begin on May 6, 2013, with the second trial scheduled for July 8, 2013.

Plaintiffs who have filed DePuy ASR Hip Replacement lawsuits around the country have claimed that the device has resulted in seriously compromised health as well as numerous revision surgeries. Many plaintiffs allege that the metal-on-metal design of the ASR Hip Replacement system results in metallosis, or metal poisoning.

According to the U.S. Food and Drug Administration (FDA), metal-on-metal hip replacement systems, such as DePuy’s ASR Hip Replacement device, have a metal ball and a metal cup that brush against one another, and in doing so, scrape off metal particles of cobalt and chromium. These metal ions then enter into the bloodstream as well as damage the tissues and bones around the metal-on-metal hip replacement.

The FDA refers to the deterioration of tissue and bone following exposure to metal ions as adverse local tissue reaction (ALTR) or adverse reaction to metal debris (ARMD).

In addition to severe tissue and bone damage, the FDA has also identified a slew of neurological problems related to the DePuy ASR Hip Replacement system, as well as other metal-on-metal hip replacement devices. The FDA’s list of negative reactions to metal particles in the bloodstream include skin rashes, cardiomyopathy, problems with sight and hearing, depression, decline in mental faculties, renal failure, and thyroid complications.

If you or someone you love has suffered from a DePuy ASR Hip Replacement device, you may be entitled to receive compensation for your medical expenses, lost wages, pain, and suffering.

For a free legal evaluation about your DePuy ASR Hip case and to learn more about filing a DePuy ASR Hip Replacement lawsuit, contact a lawyer at Carey Danis & Lowe by calling 800.721.2519.

First Trials for Defective DePuy ASR Hip Replacement System Set for January 2013

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

First Trials for Defective DePuy ASR Hip Replacement System Set for January 2013A state case regarding the recalled DePuy ASR hip replacement system is scheduled to go to trial in January 2013 in Prince George’s County, Maryland. If DePuy does not settle with plaintiffs before trials begin, the Maryland court will hear three cases regarding health complications related to DePuy’s ASR hip implants.

In August 2012, DePuy, a subsidiary of Johnson & Johnson, settled state cases in Nevada regarding defective ASR hip replacement lawsuits. Trials for these ASR hip replacement cases filed against DePuy were scheduled to begin in December 2012, but due to the settlement, trial dates have since been canceled. The individuals in each Nevada case received $200,000 each, according to a Bloomberg News report.

In 2010, due to what they claimed to be poor sales as opposed to the escalating reports of ASR hip replacement failures, Johnson & Johnson’s DePuy initiated a worldwide recall of 93,000 ASR hip replacement systems. Ultimately, DePuy admitted that the recall was the result of the high ASR hip replacement failure rate.

Individuals who have filed lawsuits against DePuy have claimed that DePuy’s defective ASR hip replacement system resulted in numerous painful revision surgeries, severe pain, dislocated joints, joint malfunction and dislocation, infection, bone fractures, and metallosis. Plaintiffs claim that the unique design of the ASR hip replacement, being a metal-on-metal total hip replacement, led to an accumulation of metal flakes inside of the body.

6,000 DePuy ASR hip replacement lawsuits have been consolidated into a Multi-District Litigation based in Toledo, Ohio overseen by U.S. District Judge David A. Katz. There are another 2,000 cases filed against Johnson & Johnson’s DePuy in states across the U.S., including those in Nevada, Maryland, California, Wisconsin, Florida, and Utah.

The MDL No. 2197 based in Ohio is due to convene for a Status Conference in January 2013, during which time the court will most likely detail preparations for the first bellwether trials scheduled to begin in May 2013.

To file a DePuy ASR hip replacement lawsuit, contact an experienced defective medical device lawyer at Carey Danis & Lowe.