Another DePuy ASR Lawsuit Settled

johnson_and_johnson_settles_another_hip_lawsuitHealth care giant, Johnson & Johnson, just settled another one of the nearly 11,000 lawsuits it is facing over its now-recalled DePuy Orthopaedics’ ASR metal-on-metal hip implant, court records indicate.

The lawsuit, filed in the Bergen County division of the New Jersey Superior Court, is scheduled for dismissal, which will occur when the court receives formal notice from both sides, court records indicate, according to Judge Brian Martinotti wrote, the case “has been resolved…. All pending motions are withdrawn, the complaint will be dismissed with prejudice upon receipt of a fully executed stipulation signed by all counsel,” reported.

Last month, Johnson & Johnson agreed to settle a bellwether case that was part of a multidistrict litigation (MDL) organized in California state court. The settlement occurred days before the case was to reach a jury. According to those court documents, thousands of lawsuits were filed following the August 2010 recall.

Other legal action includes and MDL in New Jersey’s Bergen County Superior Court and in U.S. District Court, Northern District of Ohio. Meanwhile, DePuy sold another metal-on-metal implant under the Pinnacle brand, which is the focus of litigation, including an MDL in the U.S. District Court for the Northern District of Texas.

The U.S. Food and Drug Administration issued a January 2013 safety alert concerning metal-on-metal hip implants, indicating that, as a class, the devices have failed. In fact, most metal-on-metal hip device implants have been recalled and are the focus of major litigation.

Adverse events experienced by people implanted with metal-on-metal hip devices may include hip dislocation, bone fracture, joint infection, local nerve damage, numbness/weakness, device loosening and device breakage, difference in leg lengths, and osteolysis (bone loss).

The agency pointed out that patients should be aware of some possible symptoms that could manifest after about three months, such as pain in the groin, hip, or leg; swelling at or near the hip joint; a limp; a change in ambulation; and noises such as popping, grinding, clicking, or squeaking that emanate from the joint.

In August 2012, the first DePuy ASR trial settled before going to trial. This March, a jury awarded another plaintiff $8.3 million after determining the device was defectively designed and, in April, a jury found for DePuy in another case, according to previously. Plaintiffs in seven other lawsuits brought over the DePuy ASR can now add claims concerning the Pinnacle, another state judge recently ruled.

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