Statement Regarding ASR Hip System Verdict in Chicago, ILTuesday, April 16, 2013
A jury in the Circuit Court of Cook
County, Illinois, returned a verdict
today in favor of DePuy Orthopaedics
Inc. in a product liability lawsuit
concerning the ASR™ Hip System.
“DePuy’s actions concerning the product
were appropriate and responsible,
including the program to address
patients’ medical costs related to the
recall,” said Lorie Gawreluk, a
spokeswoman for DePuy.
For additional information on the ASR
Hip System, please visit:
www.ASRHipInfo.com.
ASR Hip System Recall
Information
In 2010, the company received new
information from the National Joint
Registry of England and Wales reporting
that some ASR patients were undergoing a
second hip replacement surgery sooner
than expected. After receiving this
information, the company acted quickly
by voluntarily recalling the product in
every country where it was sold. Before
then, the totality of the data available
to the company showed ASR was performing
consistent with the class of monoblock
metal-on-metal hip implants.
93,000 ASR implants were sold
worldwide.
Supporting Patients
Within days of the recall, the
company set up a Help Line for patients
that is now available in dozens of
countries and has served tens of
thousands of callers. The company
created a worldwide reimbursement
program for ASR patients that, so far,
has resulted in thousands of payments to
patients for testing and treatment and
other out-of-pocket expenses. DePuy also
set up a process to provide information
to surgeons and to work with surgeons so
that they could get information to their
patients.
“DePuy is committed to improving
patients’ lives, and the company regrets
that the ASR Hip System did not perform
as expected for some patients. Since the
recall, DePuy has worked to provide
patients and surgeons with the
information and support they need,”
added Gawreluk. “Joint replacement
surgery is one of the greatest medical
advances of our time, and we remain
dedicated to serving patients who need
this important treatment.”
Litigation Information
This is the second ASR Hip System
case to go to trial. In the first ASR
Hip System case to go to trial, a jury
in the California Superior Court, Los
Angeles County, rejected the plaintiff’s
claim that DePuy Orthopaedics, Inc.
failed to adequately warn of the risks
associated with ASR XL but did find that
the ASR XL was defectively designed. The
jury rejected plaintiff’s claim for
punitive damages and awarded $8,338,000
in compensatory damages.
As of December 30, 2012, in the U.S.
there were approximately 10,750
plaintiffs with direct claims in pending
lawsuits with respect to the ASR™ XL
Acetabular System.
Cases filed in federal courts in the
United States have been organized as a
multi-district litigation in the United
States District Court for the Northern
District of Ohio. The first case as part
of the multi-district litigation is
scheduled for June 2013.
Media Contact Information
Lorie Gawreluk
732-524-1413
lgawrel1@its.jnj.com
Mindy Tinsley
574-372-7136
mtinsley@its.jnj.com |