Product Liability Update: Metal on Metal Hip Award
Recently we've written about a slew of defective metal-on-metal hip implants and the litigation they have created. The hip implants in question are alleged to be prone to excessive and premature wear. This can result in metal being discharged into the recipient's body causing bone and tissue damage and cell death.
News outlets are reporting that a California state judge recently upheld an $8.3 million award to a plaintiff that suffered severe complications related to a defective DePuy ASR hip implant. DePuy is a medical device manufacturer owned by Johnson & Johnson. In this case, the plaintiff had sought damages on the grounds that the product was defective and dangerous and that Johnson & Johnson failed to warn doctors and patients of the dangers.
A jury found in favor of DePuy on the allegations that they failed to warn doctors and patients. However, they also found that the product was indeed defective and awarded $8.3 million to the plaintiff. The defense sought to have the award overturned, arguing that the jury's verdict was inconsistent and unsupported by the evidence due to the plaintiff failing to show when the manufacturer became aware of the defect.
The California court sided with the plaintiff and upheld the award, finding that DePuy could be held liable regardless of whether they took appropriate action to warn doctors and patients. During the trial, documents were presented indicating that internal wear tests had revealed problems with the design of the ASR as early as 2007. Nevertheless, DePuy allowed the product to remain on the market for nearly 3 years. It is believed that there are approximately 12,000 suits against DePuy pending, with many thousands of others on the horizon.
Dreyer Boyajian LLP represents several persons who have been injured as a consequence of metal-on-metal prosthetic devices including DePuy and Stryker hips. To read more about our product liability practice, click here. If you have suffered injury or financial damage because of a problem with a DePuy ASR, Stryker Rejuvenate or ABG II metal hip implant system, it is important that you speak to an attorney to protect your rights. Contact our offices today for a free consultation.