Parker Waichman LLP

Johnson & Johnson Takes $3 Billion Charge Related to DePuy ASR Hip Implant Recall, Lawsuits

It seems that the litigation surrounding DePuy Orthopaedic’s 2010 ASR Hip Implant recall is hurting Johnson & Johnson’s bottom line. According to the company’s most recent earnings statement, while Johnson & Johnson’s earnings were up, revenues were down sharply in the fourth quarter of 2011, in part because of product recalls and litigation, include the […]

It seems that the litigation surrounding DePuy Orthopaedic’s 2010 ASR Hip Implant recall is hurting Johnson & Johnson’s bottom line. According to the company’s most recent earnings statement, while Johnson & Johnson’s earnings were up, revenues were down sharply in the fourth quarter of 2011, in part because of product recalls and litigation, include the issues surrounding its DePuy unit’s defective ASR hip implant.

In its fourth quarter earnings statement, Johnson & Johnson said the company earned $218 million in the quarter compared with the $1.9 billion it earned just a year earlier. According to The New York Times, the company took quarterly charges of more than $3 billion, mostly related to the DePuy ASR Hip Implant recall. The charge will allow money to be set aside for patients and lawyers involved in product liability litigation. Of the total, $800 million was set aside to cover the medical costs of the recall.

Other product quality issues also weighed on the company’s performance. Domestic sales for the company’s consumer division fell 6.7%, in large part due to the suspension of manufacturing at the firm’s McNeil Consumer plant in Fort Washington, PA. That plant had manufactured some over-the-counter medications, including Motrin and Tylenol, that were involved in dozens of recalls two years ago. According to Reuters, Johnson & Johnson had predicted the plant would re-open this year, but on Tuesday said it will not be up and running until 2013

“Manufacturing issues and recalls have been a serious disappointment for all of us,” CEO William Weldon said earlier this week during a conference call to discuss the earnings report. “But through it all, we have remained committed to retaining the trust of our patients and customers. We have taken responsibility and instituted new measures to ensure that our products live up to the high-quality standards that our customers expect.”

According to Reuters, Morningstar analyst Damien Conover predicted that “J&J is getting ready to offer some settlements” with patients who received an estimated 93,000 of the artificial hips involved in the ASR recall.

In August 2010, DePuy Orthopaedics issued a worldwide recall of its ASR Hip Resurfacing System and the DePuy ASR Acetabular System, 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 of receiving it. In November, Johnson & Johnson reported that more than 3,500 lawsuits had been filed over the DePuy ASR hip implant recall.

The DePuy ASR replacement devices involved in the recall are metal-on-metal hip implants, a class of devices which have recently been linked to serious complications and injuries. Last May, amid increasing concerns that the devices were harming patients, the U.S. Food & Drug Administration (FDA) directed 21 makers of all-metal hip implants, including DePuy, to conduct post-market studies of their products to determine if they were shedding dangerous amounts of metallic debris in patients.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
You guys are the best lawyer institutions i have ever know thank you for helping me so much with my case ❤️
estarlin torres
9 months ago
5 Star Reviews 150
My experience was very satisfactory and I achieved all my objectives in a fairly short time and thanks to my contact in that office Jorge Peniche who was very kind and efficient in our communications.
Roberto A Guzman
9 months ago
5 Star Reviews 150
Parker and Waichman are the best when handling my WTC case. The staff in particular Lawyer Ms. Shelly Davis are the ultimate professionals. Shelly Davis was empathetic and compassionate given the nature and sensitivity of my case along with being very knowledgeable of the intricacies of the WTC govern laws. I highly recommend Parker and Waichman in particular lawyer Shelly Davis. Peace and Blessings!
Allegra Maple
a year ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038