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Judge Upholds $8.3M Jury Verdict in DePuy ASR Trial

Posted on June 7, 2013

A California judge has upheld an $8.3 million jury verdict for the plaintiff in the first DePuy ASR defective hip trial, sending Johnson & Johnson attorneys scrambling to figure out their next move.

It was the first case that went to trial concerning allegations that J&J’s DePuy Orthopaedics ASR metal-on-metal hip replacement was defective and that DePuy knew it and failed to warn patients. The trial ended in March.

After the jury found for the plaintiff, J&J attorneys asked the judge to overturn the verdict and grant a new trial. They claimed the evidence did not support the finding.

The judge disagreed with their contention. He ruled that there was sufficient evidence for a jury to determine that the ASR hip was defective and that the company had breached its duty to warn others. The verdict was left intact

It is estimated that 500,000 Americans have been fitted with metal-on-metal hip implants. In 2010, J&J recalled its ASR Hip Resurfacing System and the ASR XL Acetabular System. Since then some 10,000 lawsuits related to complications and injuries resulting from the implantation of ASR hips have been filed.

Johnson & Johnson recently decided to halt the sale of its metal-on-metal hip products. According to J&J’s subsidiary DePuy, this decision is not an admission that the metal-on-metal hip devices are defective or unsafe, but reflects a lack of sales; the availability of other alternatives to meet patients needs; and proposed changes in FDA regulations in regard to metal-on-metal devices.

If you believe you have suffered an injury due to a defective metal-on-metal hip implant, the defective metal-on-metal hip implant attorneys at Farah & Farah are here to discuss your legal rights. Our experienced legal team will let you know if you have a case and how we can help you seek compensation for damages.

Time is limited for filing, so it is essential that you call us soon at (800) 533-3555 or contact us online.