The second lawsuit to come to trial in regards to the recalled DePuy ASR metal on metal hip implant is still ongoing in Chicago. The case has illuminated apparent knowledge of the device’s faulty design among DePuy executives. Johnson & Johnson disputes this conclusion, but testimony from a director of marketing highlights the potential existence of intraoffice emails which show that executives were warning one another about the implant’s possibly defective design. This jibes with evidence unearthed during the first trial in California (in which Panish Shea & Boyle was a part) that showed concerns among doctors about the product’s design and rate of early failure. That case, in which worries about the DePuy ASR were shown to go back all the way to at least 2005, ended with an $8.3 million jury decision for the plaintiff.
To learn more about the lawsuits, follow this link.