Johnson & Johnson and DePuy Orthopaedics face thousands of lawsuits filed against them alleging that their now recalled metal-on-metal hip implants have failed at alarming rates. Texas multi-district litigation Judge Ed Kinkeade has ordered that the manufacturers produce compliance monitoring reports to gauge whether J&J and DePuy acted reasonably in manufacturing and marketing the products.
Could Metal-On-Metal Hip Injuries Have Been Prevented?
It’s no secret that problems with J&J and DePuy’s ASR XL Acetabular System and ASR Hip Resurfacing System have resulted in thousands of patients undergoing additional painful and expensive hip implant surgeries and monitoring for possible chromium and cobalt metal poisoning (known as metallosis). Could those injuries have been prevented?
According to a recent report published by Public Health Watchdog, a consumer advocacy group, the plaintiffs’ attorneys in the Texas multi-district litigation allege that the manufacturers “fast-tracked” the ASR system through the U.S. Food & Drug Administration (FDA) process and may have acted unethically in their marketing practices. The judge in the case has demanded that the medical device makers hand over compliance reports.
In his ruling, Judge Kinkeade said:
The monitor reports describe the relationships between the defendants and physicians who use or promote DePuy-brand products. The reports detail how DePuy consultants market DePuy products through speaking engagements, resident training courses, and sponsorship of continuing medical education programs at conferences. This information is relevant and could lead to the discovery of admissible evidence on the claims that DePuy failed to correctly warn physicians of Pinnacle system dangers, negligently recommended the product, and supplied false information to physicians….
DePuy Trials Continue After First $8.3M Jury Verdict Against Manufacturers
Thousands of DePuy hip implant lawsuits are pending in courts globally. The first U.S. trial resulted in an $8.3 million jury verdict against the manufacturers. The majority of lawsuits against the medical device giants allege that they were negligent in designing, manufacturing and advertising the systems and that they failed to warn consumers of known defects.
If you or a loved one has been injured by a defective medical device, contact The Driscoll Firm, LLC, to discuss your situation and determine whether you might be entitled to compensation so that you can make an informed decision about whether taking legal action against the manufacturers is the right choice for you and your family.
