DePuy Orthopedics, Inc. named in class action brought on behalf of all United States citizens who received an implant of the ASR XL Acetabular System hip replacement
On August 24, 2010, DePuy Orthopedics, Inc., a subsidiary of Johnson & Johnson (NYSE: JNJ), announced a voluntary recall of its ASR(TM) XL Acetabular System hip replacement, after a report published in Britain revealed an unacceptable failure rate of the device, resulting in revision surgery for 13 percent of patients within five years.
The complaint alleges that DePuy should have known of the defects in the device prior to its sale and implant in patients, and that it failed to provide timely and adequate post-market warnings of the health risks associated with the its ASR(TM) XL Acetabular System.
Although the company announced it will reimburse "reasonable medical expenses" to patients who sign releases providing DePuy complete access to their private medical records, the "offer" may be misleading, according to attorneys representing the plaintiffs in the lawsuit.


