On day three of the March 18, 2013 in the trial in Chicago of Carol Strum vs. DePuy, Johnson and Johnson (J&J), President Andrew Ekdahl amazingly testified that the 2010 recall of the metal on metal hip had nothing to do with safety concerns or defects, but was merely a matter of the ASR failing to meet “clinical expectations”. According to an account in Bloomberg News “The revision rate was not acceptable,” Ekdahl testified.
Ekdahl was asked about a DePuy document signed by top company officials’ days before the recall. The document, from the Health Hazard/Risk Evaluation Review Board, listed three possible explanations for the recall. DePuy checked Class A for “defective product that would affect product performance and/or could cause health problems.” The case is Strum v. DePuy, 2011-L-9352, Circuit Court of Cook County, Law Division (Chicago).
Click here to read the full Bloomberg News article: J&J’s Ekdahl Says Hip Recalled for Clinical Reasons
Evidence from internal DePuy documents in the California case of Kransky vs. DePuy indicates that the company had not used appropriate engineering controls to try to anticipate the device’s problems. DePuy compliance manager Jimmy Smith told the jury that J&J failed to properly assessed the device’s potential risks” because the standards they used were either inadequate or incorrect.
Approximately 93,000 DePuy ASR were subject to a global recall and over 10,000 cases are pending in California and the MDL. Thousands of hip implant recipients have experienced pain, dislocation, fracture, toxic poisoning, and were forced to have revision surgery to remove the defective DePuy ASR. It has long been recognized that all metal implants–and metal-on-metal bearings in particular–corrode and cause a release of metal ions (particles). Because cobalt and chromium have been shown to be carcinogenic and mutagenic in human and animal models, systemic toxicity and cancer risk are considered to be possible disadvantages of the metal-on-metal articulation. These wear patterns were well-known long before DePuy sold its ASR.
Depuy ASR Hip Replacement Linked To Metal Toxicity and Additional Surgery
The lawyers at the Brandi Law Firm are representing a number of people with cases pending against the manufacturer of the DePuy ASR in the California JCCP in San Francisco and in the MDL. Please contact the DePuy hip replacement failure attorneys at the Brandi Law Firm today (1-800-481-1615 or email us) to talk with a Johnson & Johnson DePuy ASR recall lawsuit attorney.