The
DePuy ASR metal-on-metal hip implant was approved in 2005 by the FDA, but soon
thereafter both DePuy and the FDA began receiving reports of adverse health
events. Some believe that the much less rigorous 510(k) approval process which
allows manufacturers to skip clinical trials could be at least partially
responsible for the adverse health effects in the thousands of ASR recipients.
Following a flurry of complaints, DePuy voluntarily recalled the ASR on August
26, 2010. At present there are approximately 4000 DePuy ASR lawsuits
consolidated into an MDL in Ohio as well as a smaller mini-state consolidation
in Chicago with approximately 600 plaintiffs and another in California
containing 1500 or so plaintiffs. Since California is experiencing so many
financial problems, the plaintiffs and their attorneys are expected to face
problems in getting a trial setting.
The
MDL, or multi-district litigation system is meant to streamline the litigation
process, taking advantage of the fact that there are similar allegations from
all plaintiffs made against the defendants—in this case DePuy and Johnson and
Johnson. The first trial regarding the ASR was scheduled to begin in state
court in Las Vegas in mid-December although it has been rumored the case
settled prior to trial. Should this be true, it would be a positive precedent
for all other ASR lawsuits to follow. The metal-on-metal design came about due
to its ability to last significantly longer than the metal-on-ceramic or
metal-on-plastic hip implants. Unfortunately, the metal-on-metal design allowed
the cobalt and chromium ball and cup to shave off microscopic metal ions into
the body, entering the surrounding tissues or even the bloodstream. The FDA
recently held a two-day panel to discuss the safety of the metal hip implant.

