Initial details of the settlement reached between DePuy Orthopaedics and three people who claimed the company’s ASR metal-on-metal hip implant system were defective have become public.
The parties reportedly reached accord on a lawsuit filed on the Plaintiffs’ behalf recently. The jury trial involving these Plaintiffs was to have started in December and would have been the first such case involving the defective and recalled DePuy ASR hip implant to reach a jury.
According to a Bloomberg report, the terms of the settlement reached will include $600,000 in damages payments made to the three recipients of the defective hip implant. The three people represented by that lawsuit were from Nevada. Their cases were set to be the first to be heard in front of a jury among more than 8,000 other lawsuits that have been filed against the Johnson & Johnson subsidiary, all claiming the all-metal ASR hip implant suffered from a defective design that forced it to be recalled from the market in the late summer of 2010.
The ASR hip implant’s defective design caused it to fail early and force recipients to endure revision and replacement surgeries. The lawsuits claim the ASR implant was not subjected to proper pre-market testing. They also claim the all-metal design put recipients at risk of suffering metal poisoning caused by normal wear of the device.
Each of the three Nevada residents represented in the lawsuit have been forced to endure a replacement surgery after receiving the ASR implant. The next trial scheduled to be heard in front of a jury involving these implants is set for January 2013 in Maryland.