Former DePuy Worker Testified He Had Prior Knowledge of ASR XL Hip Implant Design Defects

Wednesday, April 10, 2013

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Carole C. Schriefer, R.N., J.D., The Health Law Firm

Currently jurors in Circuit Court of Cook County, Chicago are hearing the second trial against Johnson and Johnson’s DePuy Orthopaedics. According to Public Health Watchdog, a former DePuy employee testified on March 26, 2013, that the company knew the ASR XL hip implant’s design was defective a year prior to issuing the recall.

In August 2010, DePuy recalled its ASR XL implants, but not before orthopaedic surgeons installed more than 93,000 into patients. (Click here to read the press release on the recall from DePuy.) DePuy now faces more than 10,700 lawsuits from patients who suffer from chronic pain, tissue damage and metal ions in their bloodstream, allegedly due to the hip implants.

First Case Resulted in $8.3 Million Verdict.

The first suit to be tried in a DePuy hip implant case, approximately three weeks ago, resulted in a jury verdict of $8.3 million. Read about it here.

Testimony Changes DePuy’s Original Story.

According to Public Health Watchdog, the former DePuy employee told jurors he received an email from a colleague confirming that there was a design problem with the metal-on-metal ASR hip implant. The email was allegedly sent in March 2009, more than a year before the recall. It was allegedly forwarded to the vice president of marketing for DePuy’s international operations. However, throughout litigation DePuy has insisted the recall was due to clinical needs and not due to a defective design of the ASR XL hip implant. To read the article from Public Health Watchdog, click here.

In a USA Today editorial piece, the vice president for clinical research at DePuy said she believes the company recalled the ASR XL hip implants at the right time. She added the company regrets the hip product did not meet the needs and expectations of some patients. Click here to read the entire article from the vice president for clinical research at DePuy.

Stryker Orthopaedics Lawsuits Similar to Those Against DePuy.

In July 2012, Stryker Orthopaedics also issued a voluntary recall of the Rejuvenate and ABG II modular-neck femoral hip systems. (Click here to see the press release from Stryker.) As of February 2013, more than 80 lawsuits have been consolidated into multicounty litigation (MCL) in the Superior Court in New Jersey against Stryker. Patients claim the company’s Rejuvenate and ABG II modular-neck femoral hip systems are defective. Additional action to move these cases into federal court for multi-district litigation (MDL) is expected.

Broadspire is Not Looking Out for the Patient’s Interest.

Stryker is looking to settle claims with the victims from its recall. Stryker will contact the patient directly, or the patient will hear from Broadspire. It’s important to understand, Broadspire and Stryker are working together. Broadspire is working in the best interest of Stryker. If you’ve been contacted by Broadspire to settle your claim, contact an experienced attorney first.

Other Orthopaedic Implant Products to Watch Out For.

We’ve also learned of a number of other manufacturers that are producing orthopaedic implant products accused of being defective. These products include the Biomet metal-on-metal hip implant, the Wright hip implant, the Zimmer Durom Cup and the Zimmer NexGen Knee.

If you received any of these products and have experienced pain, swelling, high levels of metal in your bloodstream, a corrective revision surgery or other complications, we may be able to help you obtain compensation.

Contact an Attorney Experienced in Products Liability Litigation.
Although The Health Law Firm represents predominantly physicians and other health care providers, we are involved in products liability litigation. At the request of our clients, we have agreed to take on and prosecute a number of hip implant cases against their manufacturers for the patients. We currently are representing several plaintiff patients with DePuy hip implants and several plaintiff patients with Stryker hip implants.

We are able to combine our knowledge of the health care industry with our litigation experience for the benefit of patients. If you received a DePuy or Stryker hip replacement and have experienced pain, swelling, high levels of metal in your blood, a corrective revision surgery, or other complications, we may be able to help you. To learn more about your legal rights, contact The Health Law Firm for a consultation today.

To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at


What do you think of the developments of the DePuy cases? Have you experienced complications for a metal-on-metal hip implant? Please leave thoughtful comments below.


Chan, Lillian. “DePuy Worker Told About DePuy ASR Design Issues.” Public Health Watchdog. (March 27, 2013). From:

Plouhar, Pam. “On Hip Replacement, DePuy Acted Properly: Opposing View.” USA Today. (March 14, 2013). From:

About the Authors: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law.  He is the President and Managing Partner of The Health Law Firm, which has a national practice.  Its main office is in the Orlando, Florida, area.  The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone:  (407) 331-6620.
Carole C. Schriefer is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area.  The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone:  (407) 331-6620.

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"The Health Law Firm" is a registered fictitious business name of George F. Indest III, P.A. - The Health Law Firm, a Florida professional service corporation, since 1999.
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