DePuy, the disgraced orthopaedics division of multi-national U.S.based healthcare giant Johnson & Johnson had a rough ride at the second trial relating to its product recall of 93,000 faulty ASR hip implants much like it did at the first. Evidence has once again emerged that company executive knew about the design faults associated with the product and yet did not recall the product until months later.
In his testimony, Paul Berman who headed-up DePuy’s marketing division revealed that emails sent between senior directors over a year before the 2010 recall cautioned that the ASR XL products may be substandard.
Johnson & Johnson Product Recall – the expected failure rate
The ASR implant was recalled in August 2010 having been sold all over the world. The Johnson & Johnson recall was issued following reports that the failure rate could be as high as 40%, requiring thousands of patients to have revision surgeries to fully replace their hips. 10,750 lawsuits have been filed against Johnson & Johnson in the US alone and compensation payouts are expected to cost the company billions. The California judge at the 1st trial earlier this year ordered the company to pay $8.3 million in compensatory damages to the plaintiff who claimed that the manufacturer was liable for the health problems he suffered after his hip replacement.
Despite the volume of damning evidence against DePuy, Johnson & Johnson’s legal team continue to argue that the ASR is not defective and that the company took responsible decisions.One of the principal arguments put forward on behalf of DePuy by their lawyers appears to be that the surgeons who fitted the devices did so incorrectly – and that therefore they are to blame rather than the design of the implant device itself.
DePuy had a network of doctors advising it on the performance of the ASR and emails dating back as far as 2005 revealed that these consultants were enormously concerned about the ASR’s high failure rates. One email from June 2005 detailed pointed to high revision rates in Spain and the Middle East before expressing unease about the continued sale of the product.
Johnson & Johnson Product Recall – you could be entitled to compensation
If you have suffered injuries as a result of receiving a defective Johnson & Johnson hip implant device, there is a strong chance that the implant manufacturer is liable and that you can therefore claim compensation against them. Our medical negligence solicitors have significant experience in this area – We are already acting for a number of people in hip replacement recall claims against Johnson & Johnson and can help you win the compensation you deserve – wherever you live in England and Wales.
Call 01722 422300 to reach our medical negligence experts, or fill in the enquiry form below.
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