DePuy Litigation Comes to a Close

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

December 2010

Federal panel combines DePuy ASR hip lawsuits into a MDL in Ohio federal court

March 2013

Jury awards plaintiff in first ASR lawsuit to go to trial

April 2013

DePuy wins second ASR trial

August 2013

DePuy settles three pending lawsuits for $200,000 each

November 2013

DePuy and Johnson & Johnson agree to settle nearly 8,000 ASR lawsuits for $4 billion

March 2015

DePuy settles another 1,800 ASR lawsuits for an additional $420 million

March 2017

DePuy settles another round of lawsuits called the “2017 ASR Extension Agreement.”

March 2018

There are 1,650 ASR hip lawsuits still pending in Ohio federal court