Thousands of patients have been forced to file a lawsuit against DePuy after becoming the victim of a number of hip complications caused by the ASR hip replacement system. DePuy recalled this system after statistics showed that these devices failed in a staggering 13 percent of patients. Based on the industry average of 7 percent, DePuy’s system was performing very poorly.
Litigation against DePuy, who are a subsidiary of Johnson & Johnson, must be done properly and carefully. Here are three strategies being put to use against DePuy and their poorly designed hip replacement systems in court rooms today.
Inadequacy of Testing
The first strategy is to make the claim that DePuy didn’t do enough research on their hip replacement system before releasing it. For this strategy to work, the lawyer handling the case will show that DePuy did not ever accurately assess or report the failure rates of their systems, and that they failed to complete enough tests on their hip replacement systems in order to ensure that they were safe. The evidence against DePuy is indeed there, as they never performed any patient testing on their products. This is a fact that the FDA happened to overlook before allowing the product into market.
Failure to Warn Patients of Defects
According to US product liabilty laws, companies are legally required to warn consumers of their products about known risks or defects posed by that product. Therefore all liability would be shifted to the company in question if they failed to warn consumers about those risks. Those who go to court against DePuy using this strategy will argue that DePuy should have at least warned patients about the risks of using their hip replacement systems.
Fraud and Criminal Trial
A third legal option is being explored in Ohio. Filed in September 2010, this case states that DePuy was tricking patients into giving up evidence that could work against them in court. DePuy has allegedly been taking back hip implants and medical records from patients through fraudulent methods. According to the lawyer in the trial, it is not up to DePuy to determine whether or not a certain record or product may be of no use to the patient. If the court agrees with the case then DePuy could be found guilty of fraud and that might land them a criminal trial.
Failure to Warn Patients of Defects have moved majority of the Patients to file for depuy hip lawsuit
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