DePuy Considers Massive Settlement for Hip Implants

Johnson & Johnson’s DePuy subsidiary is facing massive liability over its metal on metal hip implants, in particular the Articular Surface Replacement (ASR) implants.  In March 2013, a jury granted plaintiff Loren “Bill” Kransky $8.3 million in compensatory damages for medical expenses and pain and suffering.  The jury did not impose punitive damages.

Now DePuy is said to be considering settling all its pending claims for a record-breaking $3 billion.  Over 10,000 suits are pending in various courts across the country, alleging that DePuy failed to warn of the risks of its hip implant.

It is not only the hefty sum of the verdict that came out in the Kransky case.  In addition to that number, several damaging facts have surfaced about DePuy and its handling of the botched implant.

It has come to light that in pre-trial testimony, DePuy itself estimated the failure rates of its ASR implant to be as high as 37%.  In addition, testimony also showed that DePuy was aware that its implants were shedding metal particles into patients’ bodies and bloodstreams, causing major health complications.

Other damaging facts that have come to light:

• Surgeons warned DePuy of major design flaws in the implant
• Surgeons encouraged DePuy to slow or stop sales of the implant altogether
• DePuy considered redesigning the implant to improve its functionality and safety, but decided that the costs to do so were too high

DePuy’s gamble on its faulty product did not pay off.  It now faces paying on average $300,000 per patient for each of the lawsuits pending across the country.  This totals over $3 billion.  The largest settlement for hip implants  until now has been $1 billion.

If you or a loved one have suffered serious injury as a result of a metal-on-metal hip implant, contact one of the defective device attorneys at Kirkendall Dwyer LLP today.  Our attorneys can answer your questions and help guide you through the process of recovery: from finding out what type of implant you have, to safely recovering and storing your device as evidence in case you must undergo revision surgery.  Contact us today.