First Lawsuit Victory in Hip Debacle for JNJ

At the beginning of this year, Johnson & Johnson (JNJ) began facing the first of 10,000 lawsuits regarding its ASR metal-on-metal hip implants, manufactured by its subsidiary DePuy Orthopaedics. Last week, after facing one loss in court, the company won its first suit.

The jury awarded no damages to plaintiff Carol Strum, a nurse who received the hip implant in 2008 and had it removed in 2011.

JNJ voluntarily recalled the ASR hip from the market in August 2010. According to the company, about 10,750 plaintiffs have direct claims in pending lawsuits over the product. Strum’s case was the second to go to trial.

“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. According to the company, it offered Strum assistance with medical costs she faced after dealing with the failure of her implant.

The ASR hip implants are thought to have deposited metal fragments in patients’ bloodstreams, causing illness and necessitating revision surgery or removal of the implant. Outside of the more than 10,000 suit faced in the United States, JNJ now faces lawyers representing 4,500 ASR implant patients in Australia who are now pushing for a negotiated settlement.