If DePuy had become preoccupied with its US troubles in recent months following the recall of tens of thousands of defective all-metal ASR hip implants, it was reminded that the problem was a global one after pressure increased to settle 4,500 hip recall claims in Australia. The pressure came after the verdict of the first US trial in California which could push DePuy to seek settlement of an Australian class suit made up of over 4,500 claims.
The Johnson & Johnson hip recall scandal means that the company is set to face 10,000 US lawsuits, the first of which only came to a close in March 2013. The claimant in that trial, 83-year-old Loren Kransky, was awarded nearly $350,000 in compensatory damages, a relatively paltry sum compared to the £8 million Johnson & Johnson was ordered to pay in compensation for pain and suffering.
Around $338,000 was later deducted from this figure due to Montana State Law and evidence that some medical expenses were already covered. Nevertheless, the huge reward could set a precedent for future cases and Johnson and Johnson could yet be pressured in settling the Australian class suit.
The Johnson & Johnson hip replacement recall trial in California lasted for a little over a month, in which time damning evidence was heard from medical professionals and former DePuy employees and jurors were shown incriminating internal emails. It is now clear that some DePuy executives knew about the problems associated with the ASR devices in 2008 and elected not to relay such information to surgeons or patients. The products were subsequently marketed for a further 2 years before a recall was issued.J
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Hip implant recall claims must be made within strict time limits, so it is important to act now in order to avoid missing out on your chance to claim altogether.
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