If Johnson & Johnson (J&J) attorneys were expecting a Los Angeles judge to overturn a historic $8.3 million jury verdict for the plaintiff in the first DePuy ASR hip case to go to trial, they went home disappointed.
In March, a jury found that J&J’s DePuy Orthopaedics subsidiary had manufactured a defective metal-on-metal hip replacement device and failed to adequately warn patients about the risks of the hip implant. The plaintiff in the trial alleged that defects with the design of DePuy’s ASR hip had caused him to suffer permanent injuries.
The jury agreed and awarded him $8.5 million in damages. Attorneys representing DePuy asked the judge to overturn the verdict and grant a new trial, claiming that there was not enough evidence presented at the trial to justify the verdict.
The judge disagreed with that assessment and let the verdict stand. He said that based on the evidence, it was not unreasonable for a jury to conclude that the ASR hip device was defective and that DePuy had not adequately warned patients about potential complications associated with the implant.
There has only been one other case concerning the DePuy ASR hip that has gone to trial so far. An Illinois jury found for DePuy in that case. Currently, there are more than 10,000 cases pending in federal and state courts alleging similar complications with the metal-on-metal hip implant.
In 2010, DePuy issued a voluntary recall of its ASR product line. At the time, the company said the recall was not an admission that the devices were defective, but reflected a marketing decision. However internal memos made public during the trial indicated that DePuy knew there were problems with the ASR devices before the recall.
Recently, DePuy decided to phase out all of its controversial metal-on-metal hip products.
Do you believe you have suffered an injury due to a defective metal-on-metal hip device? Contact the experienced metal-on-metal hip implant failure attorneys at the Law Offices of Reneé J. Nordstrand. Our dedicated legal team is committed to seeking maximum compensation for our clients.
You can call the Law Office of Renee J. Nordstrand at our Santa Barbara office at (805) 962-2022 or our Encino office at (818) 981-3530 to discuss your legal rights.