Nine New Suits Filed Against Maker of Recalled Artificial Hip
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Attorney Peter J. Flowers announced the filing of 9 new suits against DePuy Orthopaedics, a unit of Johnson & Johnson, and its distributor, Premier Orthopedics, on behalf of Illinois residents injured by DePuy’s ASR artificial hip replacement device.
The suits, filed in the Circuit Court of Cook County, allege DePuy did not adequately test the ASR device before bringing it to market and it “had risks which exceeded the benefits.”
These latest filings are part of a growing number of lawsuits brought against DePuy by Peter Flowers’ group. Currently, they represent some 700 plaintiffs nationwide, with more than 100 of them coming from Illinois.
The ASR was recalled by DePuy in August, 2010. The company admitted its decision was based on the fact that many patients had required a second hip replacement after the ASR implants had failed.
Recent reports from the UK confirm DePuy’s findings, and estimate that 49% of the devices will fail within 80 months, resulting in the need for revision surgery. With approximately 37,000 of these devices implanted in U.S. patients, the potential for wide-scale problems is huge, said Flowers.
“For years the F.D.A. had been getting complaints about the ASR, but it took DePuy until last August to acknowledge what the medical community already knew: this was a faulty product that had a high rate of failure, and it was the worst medical disaster ever. Now thousands of people are facing an uncertain future and the risk of serious medical problems.”
The nine plaintiffs in the filings range in age from 47 to 62. They include a small business owner, a school administrator, and a tax attorney. Their hometowns include Crete, Wilmette, Wauconda, and Oak Park.
Flowers estimates there are thousands more ASR patients in the Midwest alone, and many may not be aware of the recall or the potential danger of their implant failing.
“I urge anyone who has had this procedure to contact their doctor and discuss the issue. They need to be aware of the risks and what their options might be,” Flowers said.