We are happy to announce our long-fought litigation regarding DePuy’s Articular Surface Replacement (ASR) is coming to a close after more than seven-years. More than 9,000 people across the U.S. filed lawsuits with verdicts and settlements totaling some $4.4 billion between 2013 – 2015. As of February 2018, there are 1,650 lawsuits remaining in an Ohio federal court. Onder Law was able to file lawsuits in a very timely matter and therefore, currently has just four remaining cases finishing up the Part B settlement phase.
To recap and give a timeline of the litigation, DePuy is a subsidiary of pharmaceutical giant Johnson & Johnson. Its ASR hip implant was approved by the U.S. Food and Drug Administration (FDA) in 2005. After the FDA received an abundance of adverse reports, it issued a recall of the device in August 2010. The DePuy ASR hip implant recall affected an estimated 93,000 patients.
The recall came after reports surfaced across the globe of a number of side effects, including a high rate of device failure and metallosis (a type of metal poisoning.) Other side effects linked with the ASR hip implant include: dislocated hip and surrounding tissue dying.
As we’ve seen in our talcum powder trials, internal Johnson & Johnson documents reveal the company was well aware of the dangers. Some of the document information, used in the first DePuy ASR trial, divulged the following:
- Company predicted two in five patients receiving a DePuy ASR hip would need revision surgery within five years
- J&J executives knew the ASR hip had a faulty design but continued to keep it on the market
- Surgeons warned the company of the faulty design and encouraged the company to stop selling DePuy ASR hips
- The company considered redesigning the ASR, but decided to discontinue the metal-on-metal implants simply due to profit ratio
These metal-on-metal hips created so many issues, in fact, that the FDA dedicated an entire website to the problems.
TIMELINE OF DEPUY LITIGATION
Federal panel combines DePuy ASR hip lawsuits into a MDL in Ohio federal court
Jury awards plaintiff in first ASR lawsuit to go to trial
DePuy wins second ASR trial
DePuy settles three pending lawsuits for $200,000 each
DePuy and Johnson & Johnson agree to settle nearly 8,000 ASR lawsuits for $4 billion
DePuy settles another 1,800 ASR lawsuits for an additional $420 million
DePuy settles another round of lawsuits called the “2017 ASR Extension Agreement.”
There are 1,650 ASR hip lawsuits still pending in Ohio federal court