On April 25, 2012, Judge Martinotti hosted a joint MDL/State Case Management Conference in Bergen County, New Jersey, along with the Honorable David A. Katz, U.S.D.J., who is presiding over the federal cases in the MDL in Ohio. As previously discussed, the centralization of the state and federal cases will streamline the lawsuits, allowing the… Continue Reading
Category Archives: DePuy ASR®
Subscribe to DePuy ASR® RSS FeedNew Bill Could Restrict Medical Device Approval Process
Posted in DePuy ASR®, Medical DevicesA recent Bloomberg article, reported that House Democrat Edward Markey (MA) has sponsored a bill that would prevent manufacturers from asserting that their new medical devices are “substantially equivalent” to existing, approved devices, under certain circumstances. While the bill was apparently developed as a result of a 1999 recall of vaginal mesh manufactured by Boston… Continue Reading
Johnson & Johnson Continued Marketing FDA Rejected Hip Device in Europe
Posted in DePuy ASR®, Medical DevicesAccording to a recent New York Times article, Johnson & Johnson continued to market an artificial hip replacement in Europe, despite the Food and Drug Administration (FDA) rejecting its sale in the United States, based on safety concerns. The company also continued to sell a similarly designed device in the United States, the articular surface… Continue Reading
DePuy ASR Joint Management Conference Conducted in Bergen County, New Jersey
Posted in DePuy ASR®, Medical DevicesOn June 1, 2011, Judge Martinotti hosted a joint MDL/State Case Management Conference in Bergen County, New Jersey, along with the Honorable David A. Katz, U.S.D.J., who is presiding over the federal cases in the MDL in Ohio. As previously discussed, centralizing the state and federal cases will streamline the lawsuits, allowing the parties to avoid duplicative discovery and inconsistent rulings from different judges.
DePuy Pinnacle Hip Implant Consolidated in Texas
Posted in DePuy ASR®, Medical DevicesAs we previously reported, in March 2011, a petition was filed to consolidate all federal DePuy Pinnacle cases in either the Southern District of Texas or the Central District of California. Alternatively, the petition also asked that the United States Judicial Panel on Multi-District Litigation consider adding the Pinnacle cases to the already pending DePuy ASR MDL, which is centralized in the Northern District Court of Ohio. On May 16, 2011, a hearing was held by the U.S. Judicial Panel on Multidistrict Litigation (“JPML”) to consider the consolidation.
DePuy Pinnacle Hip Implant To Possibly Follow DePuy ASR MDL
Posted in DePuy ASR®, Medical DevicesDePuy Orthopaedics, a subsidiary of Johnson & Johnson, has yet to issue a recall for its Pinnacle system. However, similar to the recalled ASR models, there are concerns that the Pinnacle Acetabular Cup System, also a metal-on-metal implant device, might have significant design defects leading to a higher than normal failure rate. DePuy has reportedly sold over 150,000 Pinnacle hip implant systems, largely outselling the ASR models. As of last month, the FDA had received more than 1,300 “adverse events reports” with regard to the Pinnacle system.
DePuy ASR New Jersey State Cases Centralized in Bergen County
Posted in DePuy ASR®, Medical DevicesAs we previously discussed, on December 9, 2010, a Notice to the Bar was issued by Judge Glenn A. Grant, Acting Administrator of the Courts, advising that an application had been made, pursuant to Directive #7-09, “Revised Mass Tort Guidelines,” requesting designation of all New Jersey state-court litigation involving DePuy ASR™ hip implants as a mass tort and assignment for centralized management in Middlesex County. The federal cases have already been consolidated in the Northern District Court of Ohio.
CEO of DePuy Resigns
Posted in DePuy ASR®, Medical DevicesAs we have previously reported, DePuy Orthopedic, Inc., a subdivision of Johnson & Johnson, Inc., issued a recall in August 2010, for the ASR XL Acetabular System and the ASR Hip Resurfacing System after data suggested that about one out of every eight may fail within only five years. Specifically, the recall targeted individuals who received the implants after July 2003.
New Developments in DePuy Hip Recalls: The Pinnacle System
Posted in DePuy ASR®, Medical DevicesIn August of 2010, DePuy, a Johnson & Johnson company, announced a global hip replacement recall of two devices: the ASR Hip Resurfacing System and the ASR XL Acetabular System. Data from a recent study concerning XL Acetabular metal-on-metal hip replacement system showed that the 5 year failure rate of the product is approximately 13%, or 1 in 8 patients. It has identified component loosening, component malalignment, fracture of the bone, dislocation, infection, metal sensitivity and pain as the reasons for the failure of the hip replacement system.
Mass Tort Application in DePuy Orthopedic, Inc. Hip Recall Lawsuits
Posted in DePuy ASR®, Medical DevicesOn December 9, 2010, a Notice to the Bar was issued by Judge Glenn A. Grant, Acting Administrator of the Courts, advising that an application had been made, pursuant to Directive #7-09, “Revised Mass Tort Guidelines,” requesting designation of all New Jersey state-court litigation involving DePuy ASR™ hip implants as a mass tort and assignment for centralized management in Middlesex County.
Multi-District Litigation granted in DePuy Hip Recall
Posted in DePuy ASR®, Medical DevicesIn December 2010, the United States Judicial Panel on Multi-District Litigation (MDL) ruled to consolidate all federal district cases in the Northern District Court of Ohio. The MDL 2197, In re DePuy Orthopaedics, Inc. ASR Hip Implant Products, will be handled by Judge David A. Katz who will manage all pre-trial issues for all federal DePuy hip implant recall cases.
Lawsuits Filed In Response to DePuy Orthopedic, Inc. Hip Recall
Posted in DePuy ASR®, Medical DevicesAs we have previously reported, DePuy Orthopedic, Inc., a subdivision of Johnson & Johnson, Inc., finally issued a recall in August 2010 for the ASR XL Acetabular System and the ASR Hip Resurfacing System after data suggested that about one out of every eight may fail within only five years.

