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ARTICLE ID 194368

$________ – PRODUCT LIABILITY – MEDICAL PROSTHESIS – RESOLVES MAJORITY OF ASR HIP REPLACEMENT SUITS – COST OF HIP REPLACEMENT – OTHER DAMAGES

Los Angeles County Court

This action resolved a class of suits by patients implanted with a faulty hip replacement appliance. 94% of the class action is resolved in this settlement, with the remainder still active.

In ________, the defendant, Depuy Orthopaedics, Inc., a division of Johnson & Johnson Pharmaceuticals, began selling the ASR hip replacement system. The device, a metal-on-metal hip replacement system, was later linked to complications commonly found in artificial hip failure. Those complications include clicking, pain, loosening, dislocation of the appliance, metallosis (particularly chromium and cobalt), and x-ray evidence of pseudo tumors and muscle damage. The device was ultimately recalled in August ________, after being installed in an estimated ________ American patients. The plaintiffs, in this matter, included patients subjected to a need for a second operation, called a revision surgery to remove the faulty ASR and replace it with another hip prosthesis.

The first product liability suit was filed in ________ by Loren K. in Los Angeles County Court, where the defendant, DePuy, and its parent company, J&J, were accused of knowingly marketing a defective device. The plaintiff sought recovery of medical expenses and other damages from the defendants, as well as punitive damages. The defendant denied the accusation of knowingly placing a defective product on the market. The nearly ________ other cases filed with similar claims against defendant were ultimately consolidated in Los Angeles County Court in this action. The plaintiffs asserted that early statistical analyses suggested that the failure rate for the device tended to peak approximately four years after installation, and that the defendant knowingly had installed a faulty device. The defendant manufacturer denied this. A proposed settlement was announced in November ________. It has now been finalized at a sum of $________ in damages to be paid to the class. The defendants required that at least 94 % of the the eligible plaintiffs agreed to the settlement for funding to occur. Approximately ________ American ASR patients opted to do so, allowing for this resolution of the matter. Approximately five percent of the eligible plaintiffs rejected the settlement. Their cases remain active the courts.

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