Bellwether DePuy ASR Hip Implant Trial Delayed

Filed May 2nd, 2013 Joshua Sophy

A bellwether trial in the federal multidistrict litigation against DePuy Orthopaedics and its ASR XL metal-on-metal hip implant has been delayed by a month.

MassDevice.com reports that Judge David Katz, overseeing the DePuy MDL, ordered the postponement this week and now the first trial among the thousands of complaints filed in his court should start in June. Jury selection is scheduled to begin on May 30.

As we’ve been reporting, the DePuy ASR metal-on-metal hip implant MDL includes thousands of complaints against the company, accusing the subsidiary of Johnson & Johnson of hiding data that showed its device was prone to early failures and put recipients at significant risk of serious injuries and the need for costly and painful revision surgeries.

A similar trial in California was recently concluded. In that trial, a Montana man also accused DePuy Orthopaedics of hiding data that showed the risks associated with the ASR XL hip implant he received. The device ultimately caused him to suffer myriad injuries, including severe and enduring pain and metal poisoning caused by the components of the device working together and shedding small metallic particles into his bloodstream, where it was able to cause organ and tissue damage, according to our previous reports.

After denying that its metal-on-metal hip implant was defective and accumulating reports of complications suffered by recipients of this device, DePuy eventually issued a global recall on these devices in August 2010, when lawsuits against the company started to be filed in large numbers.

In testimony delivered during that California trial, at least one witness told jurors that the DePuy ASR XL’s early failure rate could be as high as 40 percent. More than 96,000 of these hip implants were sold globally during its time on the market.

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