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Another Delay in the DePuy Hip Implant Litigation Causes Speculation about a Possible Settlement

Written by Ankin Law Office

The first federal trial against DePuy Orthopedics, which was set to begin on Monday, has been postponed another two weeks, pursuant to an order issued by Judge David Katz on September 6.

The federal lawsuit, which was filed by a woman who alleged that her DePuy ASR XL hip implant failed, causing her hip to dislocate and necessitating a corrective surgery, was originally scheduled to begin in July 2013. According to the Judge Katz’s order, the new start date for the trial was pushed back to September 23, 2013 in order to allow time for “additional discovery and the consideration of additional legal matters,” causing some to wonder whether a settlement might be in the works. In fact, according to Bloomberg, Johnson & Johnson has discussed paying more than $3 billion to settle lawsuits over its recalled hip implants. Bloomberg also reports that Johnson & Johnson has already spent about $993 million on medical costs and informing patients and surgeons about the ASR recall.

While this will be the first federal case to go to trial, two state trials have reached conflicting verdicts. In March 2013, a California jury ordered Johnson & Johnson to pay more than $8.3 million in damages to a Montana man who was injured by one of DePuy’s hip implant systems. The California jury found that the hip implant was defectively designed, but that punitive damages were not appropriate because DePuy had properly warned of the risks. Six weeks later, a Chicago jury rejected a plaintiff’s claim that her DePuy hip implant was defectively designed.

Johnson & Johnson, parent company to DePuy Orthopedics, is currently facing approximately 10,000 lawsuits across the country for injuries caused by its metal-on-metal hip replacement device. Many of the individual cases have been consolidated into a large multidistrict litigation (MDL) in a Federal District Court in Ohio that is also overseen by Judge Katz.

The DePuy ASR hip implant is an all-metal hip implant that was recalled in 2010 due to higher-than-normal failure rates associated with the devices and amidst several complaints from patients who were experiencing serious side effects from the hip replacement systems. Metal-on-metal hip implants, like DePuy’s ASR hip implant and the Stryker’s Rejuvenate hip implant, have been associated with significant risk of developing serious complications including tissue damage, device failure, bone and muscle deterioration, necrosis, hip and groin pain, inflammation, numbness, metallosis, or the buildup of metallic ions in the tissues of the body, dislocation of non-cemented implants, pseudotumors, and other medical problems. Some patients may require a subsequent corrective surgery to remove and replace the recalled hip replacement system.

The Chicago product liability attorneys at Ankin Law Offices, LLC are committed to protecting the public from defective medical devices and dangerous pharmaceuticals, like the recalled DePuy and Stryker hip implants. If you have been injured by the Depuy hip implant, Stryker hip implant, or other medical device, contact the skilled Chicago hip implant law firm of Ankin Law Offices, LLC at (312) 600-0000 to discuss a possible personal injury or product liability lawsuit.

Categories: Product Liability