DePuy hip implant recall scandal – J&J face US Justice Department investigation

Evidence provided as part of the Kransky versus DePuy trial in California revealed that the disgraced hip implant manufacturer’s parent company Johnson and Johnson is currently being investigated by the US Justice Department.

DePuy recently faced the first of 10,000 lawsuits expected to be brought before US courts in relation to the 2010 recall of over 90,000 defective all metal Depuy hip implants.

The US Justice Department is thought to be looking into whether of not Johnson and Johnson made false assertions to health regulators over the marketing of DePuy’s ASR metal-on-metal implants. The ongoing investigation was flagged up when J&J submitted its annual report to the US Securities and Exchange Commission. J&J submits this report every year because it is a public company meaning that stakeholders need to be made aware of ongoing conduct investigations.

This is the latest in a string of catastrophic revelations for J&J to appear over the course of the hip replacement recall trial and there is mounting public and media scrutiny of the company as interest in the scandal grows.

DePuy hip implant recall – evidence from J&J marketing director

Some of the most telling evidence seen by the court came in the form of emails sent by Marketing Director Paul Berman who was in charge of marketing the ASR all metal implants. Mr Berman sent numerous emails to senior colleagues in which his worries about the possible dangers of the devices were laid out.

In one email sent in 2009, Mr Berman made it known that despite his expertise being in marketing and not biomedical engineering, he felt “uncomfortable” marketing the product when he believed that there were dangerous design flaws. Mr Berman stressed that he had an obligation to make his feelings known to superiors given that the safety of patients was at risk and it was for this reason that he stated that he was not happy marketing the product to surgeons.

11 months prior to the recall Mr Berman wrote a further email expressing concern over the growing number of complaints made by recipients of the hip implants.

Finally, and still 5 months before the recall was ordered, Mr Berman restated his desire for the product to be recalled. Unfortunately, many more patients were negligently implanted with Depuy ASR devices in these months of inaction.

Suffered due to a defective Depuy hip implant? You could be entitled to compensation

If you are implanted with a faulty hip device you should get in touch with our medical negligence claim specialists to find out about the legal action you can take. Given the danger that such negligence puts you in and the pain and financial losses you are likely to experience it is only right that you are compensated. Our team are already running a number of claims and arising out of the DePuy hip implant recall scandal

Reach our experts via telephone on 01722 422300, or complete the contact form below

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