Nevada DePuy ASR Hip Implant Lawsuit First to be SettledAug 20, 2012 | Parker Waichman LLP
DePuy Orthopaedics has settled its first lawsuit over the recalled DePuy ASR hip implant. While the terms of the settlement are confidential, it is known that it involves a lawsuit filed by three DePuy ASR hip replacement recipients who all had to have their implants removed and replaced. The lawsuit, which had been filed in 8th Judicial District Court, was supposed to go to trial in December.
DePuy and its parent, Johnson & Johnson, still face some 8,000 claims stemming from the 2010 DePuy ASR hip implant recall. Roughly 4,000 lawsuits are pending in a federal multidistrict litigation underway in U.S. District Court, Northern District of Ohio. Another 2,000 claims are pending in various state courts.
The Nevada lawsuit would have been the first DePuy ASR hip implant to go to trial had it not settled. Now that distinction will belong to a claim pending in Maryland, which is slated to go to trial in January 2013. Last month, U.S. District Judge David Katz scheduled the first bellwether trials in the federal litigation for May 6, 2013 and July 8, 2013.
DePuy Orthopaedics’ ASR Hip Resurfacing System and ASR Acetabular System were named in a global recall in August 2010. The recall was issued after data from the National Joint Registry of England and Wales showed that 1 out of every 8 patients (12%-13%) who had received the devices had to undergo revision surgery within five years. A total of 93,000 implants were sold worldwide, including 37,000 in the U.S.