As the first Depuy ASR trial approaches this week, reports indicate that Johnson & Johnson has offered to pay more than $200,000 to settle each lawsuit brought by patients who received faulty Depuy ASR hip implants. The DePuy ASR hip implant is one of many "metal-on-metal" devices that were initially designed to be more durable than the traditional ceramic-on-metal implants, but that later proved to create more risks for complications. The lead plaintiff attorneys involved in the lawsuits have rejected the DePuy ASR settlement offers so far, indicating that the offers do not provide sufficient compensation for injuries caused by the recalled hip implant. Patients who sued claimed they suffer pain and are immobilized by join dislocations, infections and bone fractures. In addition, for years prior to the 2010 ASR hip recall, the FDA received reports that the implant's ball and socket metal bearings were generating metal debris over time, causing severe inflammation and tissue death around the joints.
Trial is set to begin on Tuesday in the Los Angeles Superior Court for a lawsuit brought by Loren and Sheryl Kransky, which was scheduled for an expedited trial date because Loren is suffering a terminal cancer. The case will involve dozens of witnesses and will be closely followed by all lawyers involved in the lawsuits to gauge how the jury responds to certain evidence that is likely to be repeated throughout the litigation.
A second DePuy ASR case is scheduled for trial to begin in February in Illinois state court in Chicago, with the first federal lawsuit over the recalled implant set to begin in May in the U.S. District Court for the Northern District of Ohio.