Friday, November 25, 2011

20 lawsuits filed daily against Depuy Orthopaedics

excerpts from KnupNet – The Health and Fitness Blog

Court documents showed that nearly 20 lawsuits are filed everyday against DePuy Orthopaedics Inc. and its mother company Johnson & Johnson over its Articular Surface Replacement (ASR) hip systems. The number of cases filed has already surpassed 2,600 and more is expected with an estimated 37,000 patients in the United States having received the devices before a worldwide recall was issued in August of 2010. In other countries, Johnson & Johnson has reimbursed thousands to Australians in recall claims.

Several lawsuits that have been filed were consolidated into a multidistrict litigation (MDL) under Judge David A. Katz of the U.S. District Court for the Northern District of Ohio who called for a status conference of the DePuy hip replacement lawsuit this month. The consolidated lawsuits alleged the following:

* That DePuy and Johnson & Johnson designed and sold a defective hip implant;
* That they failed to adequately warn both doctors and patients about the implants high failure rate;
* 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.

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

2 comments:

  1. Have anybody settled on there lawsuit yet

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  2. Johnson&Johnson Medical, which made the DePuy device has told the committee it ''profoundly'' regrets the recall and its impact. It has paid out more than $25 million in claims to more than 4000 Australaians

    Read more: http://www.smh.com.au/nsw/senate-finding-little-consolation-for-years-of-hip-pain-20111125-1nz64.html#ixzz1eot9gB8e


    These are claims paid which I believe cover things like surgery reimbursements. Depuy in the US continues to pay out these calaims. That is not the same as paying out for "pain and suffering." I am unaware of them doing that.

    As far as I know, the MDL committee is going through depositions and discovery. I don't forsee any settlement until Depuy sees that that the plaintiff lawyers have a strong case for the three main claims in litigation:


    *That DePuy and Johnson & Johnson designed and sold a defective hip implant;
    * That they failed to adequately warn both doctors and patients about the implants high failure rate;
    * 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.

    Connie

    ReplyDelete