Johnson & Johnson’s DePuy Orthopaedics Wins Chicago DePuy ASR Hip Implant Trial

Friday, April 19, 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

On April 16, 2013, a Chicago jury found in favor of Johnson and Johnson’s DePuy Orthopaedics, according to Reuters. The plaintiff was a nurse who had the DePuy ASR XL hip implant in her in 2008. It was replaced three years later. The plaintiff was requesting $5 million in damages. The 12-person jury deliberated for a little more than a day before returning a verdict in favor of DePuy. To read the entire article from Reuters, click here.

In August 2010, DePuy recalled 93,000 ASR XL hip implants after 12 percent (12%) failed within five years. Last year, 44 percent (44%) of DePuy hip implants allegedly failed in Australia within seven years. (Click here to see the press release on the recall from DePuy.)

Outcome Contrasts with First Trial.

This was the second products liability trial out of more than 10,700 lawsuits. Patients allege the DePuy ASR XL hip implant caused them to suffer from chronic pain, tissue damage and metal ions in their bloodstream.

The second trial’s outcome contrasts with an earlier trial in Los Angeles. On March 8, 2013, a plaintiff was awarded $8.3 million in damages after a jury found the design of the metal hip implant to be defective. Read about it here.

So far, the trial score is tied with one for the plaintiffs and one for the defendants. Only 10,698 more DePuy trials to go.

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 Orthopedic Implant Products to Watch Out For.
We’ve also learned of a number of other manufacturers that are producing orthopedic 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, Stryker or any metal 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


Kelly, Susan. “Illinois Jury Finds in Favor of J&J in Hip Implant Case.” Reuters. (April 16, 2013). From:,0,2470800.story

Harris, Andrew. “Johnson & Johnson Wins Hip Implant Jury Trial in Chicago.” Bloomberg. (April 16, 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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