Patients with Johnson & Johnson recalled hip implants will start going to trial later this year to determine damages and liability in more than 6,000 lawsuits. DePuy recalled 93,000 ASR hips in 2010, as reported in an article last weekend in Bloomberg News.
Lawyers for both Johnson & Johnson and plaintiffs met with a judge overseeing the multi-district litigation in 4,200 federal lawsuits. Another 2,000 lawsuits are in state courts. Both sides are negotiating a way to choose suitable plaintiffs to help resolve how much each case could be worth.
“The parties are in agreement that we would like to have a bellwether trial,” a Johnson & Johnson attorney told U.S. District Judge David Katz at a hearing in federal court. Judge Katz from Toledo, Ohio, said that he is overseeing “roughly 4,200” federal cases, and “roughly half of that” are pending in state courts. The federal case is In re DePuy Orthopedics Inc., ASR Hip Implant Products Liability Litigation, 10-MD-2197, U.S. District Court, Northern District of Ohio (Toledo).
Our client’s claims include, but are not limited to, complications such as joint dislocations, infections and bone fractures. The hip implants can release metal debris from the hips, made from a cobalt and chromium alloy, which causes tissue death around the joint and can increase metal ions into the bloodstream to harmful levels.