In recent years, hundreds of new medical devices and medications have revolutionized health care. Many patients have experienced a greater quality of life due to medical advances and availability of new products. Sadly, if a medical manufacturer’s device proves to be defective, patients can end up suffering through debilitating, life-long injuries.
The DePuy Hip Replacement:
In 2010 DePuy Orthopedics issued a recall following 400 complaints of device failure over a two year period. The partial hip replacement places a metal cap over the ball of the femur which is secured into a metal socket. The metal to metal contact produced debris (metal fragments) from premature wear, causing tissue damage and requiring surgical correction. Implant failure rates were near 13% within the first five years following initial surgery.
Lawsuits in California, Florida
A California DePuy Artificial Socket Replacement (ASR) hip implant case that was originally set for a jury trial on October 15, 2013 was settled for a confidential amount a week earlier. This was the first substantial settlement recorded involving a Johnson & Johnson DePuy brand ASR hip implant.
This California-based lawsuit is the fourth known settlement involving an ASR case. The first three settlements were reported about 1 year ago and were settled for roughly $200,000 each. Many attorneys involved in similar ASR litigation cases felt that those first three settlements were too low and stated they would not settle their cases at that level.
Bloomberg News recently reported that Johnson & Johnson was considering a 3 billion dollar settlement proposal for over 12,000 lawsuits currently pending. This would roughly be about $300,000 per case in which a revision surgery was needed to correct damages caused by a failed ASR hip implant. The next scheduled DePuy ASR jury trial will take place in a Florida state court. It is currently set for November 8, 2013 in Palm Beach. The first Federal DePuy ASR hip implant trial was scheduled to begin this past September but was postponed twice and has not yet been reset to a new date.
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