DePuy prosthetic lawsuits continue to grow

A recent Wall Street Journal report chronicles the struggles of DePuy and Johnson & Johnson, who continue to face mounting lawsuits centered on their hip replacement products, specifically the ASR system. The article claims that over 1,000 lawsuits have been filed in both state and federal court, accusing Johnson & Johnson of knowing about the problems their products caused well in advance.

The WSJ report cites analysts who estimate that these hip replacements could end up costing Johnson & Johnson more than $1 billion in liability costs. Many of these cases have already been consolidated in Ohio. The article states that many are pushing for a class action suit, which would end up combining other cases into a single lawsuit. These mass litigation suits often turn out multi-million dollar deals and verdicts.

There’s an estimated 93,000 patients worldwide that have used the recalled device. Many of the claimants are saying that medical tests revealed cobalt and chromium in the bloodstream. The patients have said that the toxic metals have reached the bloodstream because the parts from the joint wear down and enter the system.

Another topic of complaint has been the fact that patients have also referenced different types of pain and inflammation as reasons for replacement. Among the many mentioned include urinary tract infections, fevers and other health issues. DePuy refuses to bridge the connection between the particles in the bloodstream and their parts, but spokespeople for the company have admitted that the devices contain chromium and cobalt.

One lawsuit that sits out right now involves a California woman who experienced a multitude of issues after using DePuy devices. The woman contends that not only did she have high amounts of chromium and cobalt in her blood, but also had fevers and urinary tract infections. This woman’s suit was recently consolidated with other similar cases.

The FDA released a warning in May, citing the fact that chromium and cobalt particles could wear off and end up within a patient’s blood. The FDA mentioned that this could lead to heavy amounts of cobalt and chromium within the blood, but didn’t specify whether the cobalt and chromium would cause symptoms.

After countless complaints and FDA interference, DePuy decided to recall some of their hip replacement devices in fall 2010. Right now, the impending cases will depend on just when DePuy was aware of the issues with its hip replacement products. If it’s found that the company knew well in advance of complications involving the device, damages are likely to be high.

References:

Rockoff, Jonathan D. and Searcey, Dionne. (July 8, 2011). “Hip Joints Set Off New Rush to Court.” Retrieved on July 18, 2011 from the Wall Street Journal