Increase In Depuy Asr Hip Replacement Lawsuits Seen With Nearly 20 Filed Daily

Nearly 20 lawsuits are filed daily against DePuy Orthopaedics Inc

. and its mother company Johnson & Johnson over its Articular Surface Replacement (ASR) hip systems, as shown by court documents. With more than 2,600 cases already in court, more lawsuits are expected to be filed after an estimated 37,000 patients in the United States is said to have received the devices before a worldwide recall was issued in August of 2010. Thousands have been reimbursed by Johnson & Johnson to Australians in recall claims in other countries.

With several of the lawsuits consolidated into a multidistrict litigation, Judge David A. Katz of the U.S. District Court for the Northern District of Ohio who is handling the MDL called for a status conference of the DePuy hip replacement lawsuit this month. The consolidated lawsuits claim:

* That DePuy and Johnson & Johnson failed to adequately warn both doctors and patients about the implants high failure rate;

* That they designed and sold a defective hip implant;

* That they failed to inform the public that the implants put patients at an increased risk of metal poisoning caused by the cobalt and chromium particles which flake off from the device and accumulate in the soft tissue surrounding the implant area.

Johnson & Johnsons third quarterly earnings report filed at the US Securities and Exchange Commission last No. 8, 2011 highlights litigation expenses and recall costs associated with DePuy ASR and another of its productthe Pinnacle hip implant. The report stated various legal proceedings the company is currently defending, disclosing that its subsidiaries are involved in numerous product liability cases in which the damages claimed are substantial. The latest lawsuits filed last month were that of Michael Schaff in the Circuit Court of Cook County, Illinois, and that of the Tucker coupleCharles and Michelle of Gaylesville, Alabama.

Schaff claimed that DePuys alleged negligence had caused him to suffer injuries as a result of a faulty DePuy ASR hip replacement system and is seeking more than $75,000 in damages. Filing a federal lawsuit, the Tucker couple is seeking damages stemming from faulty hip replacement devices. The lawsuit alleged that Charles Tucker sustained and will continue to sustain severe physical injuries, severe emotional distress, mental anguish, economic losses and other damages.

According to the report, there are approximately 3,500 pending ASR hip implant lawsuits following the DePuy ASR recall. Furthermore, Johnson & Johnsons quarterly earnings report recorded $223 million in litigation expenses and additional DePuy ASR hip recall cost in the fiscal nine months of 2011.

by: Katherine Russel

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