Insurance Dispute Lawyer Blog
Lead attorney Jeffrey Berniard recently educated fellow lawyers on the complexities of litigation concerning the ASR DePuy hip implant replacement recall. Having been an active part of Continuing Legal Education (CLE), Mr. Berniard was selected to teach the DePuy matter due to his involvement in the ongoing litigation over the matter as well as his experience in product defect representation. Through the CLE program, attorneys are able to continue to develop understanding for new issues and few may have a bigger impact than this hip replacement matter.
Recalled some years after DePuy and parent company Johnson & Johnson were aware of an unacceptable failure rate, the ASR hip unit was utilized in the replacement surgery of over 80,000 people. The prosthetic, which normally would last for over a decade, is now failing for far too many in as short as three years. Upwards of 1 in 8 patients faced problems with the item, forcing DePuy’s hand over time and leading to the eventual recall. Resulting in an unwelcome revision surgery that required additional hospital time and an obvious second procedure, this failed implant system has caused nothing but problems for individuals of varying age that trusted the item would be an element of progress after their own hip had failed.
From a liability standpoint, it remains unclear how the courts will address DePuy’s actions. The company itself has limited its responsibility to those who received the implant to a replacement and those limited costs related to swapping their defective product for a functional item. However, the sheer amount of discomfort, pain and problems suffered by those with the item makes such a response seem not only disheartening but frustrating. The faulty implant has been tied to a variety of ailments, including general pain and discomfort, limited mobility, health problems and continued hip failure. That the company would only agree to cover expenses related to rectifying their faulty product is telling and a great illustration of why contacting a legal expert is necessary for recipients.
Mr. Berniard’s lecture to his legal peers summarized the statistics and timeline involved in this matter and will hopefully expand the discourse regarding this product and getting the best information into the hands of area attorneys. While this lecture will helpfully provide recipients the best legal support they possible, patients who have received the faulty implant can speak to Mr. Berniard about their rights today.