DePuy, a division of Johnson and Johnson that is facing thousands of lawsuits regarding it’s allegedly defective metal-on-metal hip implant has settled one of those lawsuits in a California state court. Robert Eugene Ottman alleged that as a result of receiving a DePuy ASR metal hip implant, he suffered substantial side effects, causing him injury and requiring a revision surgery. Ottman’s lawsuit was set to go to trial this month but the parties filed a notice of settlement on October 1st, just a few weeks before the trial was slated to begin.
This leaves many speculating as to what will become of the remaining 11,500 lawsuits facing Johnson & Johnson which assert similar claims. This may be an indication that Johnson & Johnson wants to negotiate a settlement which would resolve the remainder of the cases.
In August, several media outlets agencies reported that the company was contemplating a massive negotiation deal to resolve all of the lawsuits pending against the company. The deal was said to potentially top $3 billion. Typically, such settlements allot different amounts to each Plaintiff, dependent on the extent of the injuries and how many revision surgeries were required.
Johnson and Johnson has recalled 93,000 of their metal-on-metal hip implants since 2010.
In January of 2013, the FDA noted receipt of reports showing high failure rates and the incidence of high levels of metallic debris in the bloodstream in the metal-on-metal devices.
The FDA further recommended that patients who received the device should undergo regular physical exams, metal ion testing, and diagnostic imaging.
Consumer advocacy group US Drug Watchdog, also issued a warning to recipients of metal-on-metal hip replacements encouraging them to undergo MRI testing as a means to screen for premature implant failure.
Several other manufacturers of metal-on-metal hip replacements are similarly facing large volumes of lawsuits and allegations of injury caused by their products such as Biomet, Stryker Rejuvenate, Zimmer Durom, Smith & Nephew and Wright Medical Technology, Inc.
Bahe Cook Cantley & Nefzger is currently reviewing and accepting these cases.