Far too many people are suffering as a result of their metal on metal hip implants and just last week a victim was able to reach a verdict for their medical malpractice suit for $8.3 million. In 2010, DePuy ASR recalled their metal on metal hip implants, and this man was the first of the large group of lawsuits to have their case settled for a large sum in damages. This victim was a retired prison guard who claimed that his hip implant not only resulted in severe pains throughout his body and, but also serious medical complications and metal poisoning. What causes the metal poisoning is because the metal will rub against each other in the joint, therefore releasing shards of metal into the body causing not only soft tissue damage around the hip, but also poisoning in the bloodstream from the exposure.

The Los Angeles Superior Court determined that the Defendant, Johnson & Johnson's DePuy Orthopedics, was not responsible for failing to warn about the potential danger; therefore the Plaintiff did not receive punitive damages. However, the court did rule that they were liable for creating a defective medical device. However, interviews found that there was one juror who did vote in favor of the punitive damages award based off the fact of how long it took for J&J to address the issue and solve it. His vote stood alone, however, and the jury out voted him. Fortunately, he was able to receive compensation for his damages, and though he may never fully recover he will be well cared for financially.

DePuy recalled their metal on metal hip implants in August of 2010, and since then there have been an estimated 10,700 lawsuits filed against Johnson & Johnson for various reasons. What originally led to the recall (despite their prior knowledge of the product being faulty) was due to the unsafe number of patients who were having the product fail on them. What is so shocking is that they have estimated that at least 40% of their products will fail the patients within just 5 years of usage, something that should not occur. The victim previously discussed originally sought much higher compensation; $179 million for punitive damages (which the jury deemed the Defendant not liable for) and they sought only $5.3 million for the compensatory damages. The attorney representing the first lawsuit victim essentially argued that the actions of DePuy were a disgrace and that they knew their product was defective the day they released it on the market. He shared that no hip implant has ever failed people like this product, and they need to be held responsible.

Many believe that because of this large verdict that was reached in this lawsuit, more and more suffering individuals will decide they too want to pursue lawsuits. At this time the majority of the lawsuits since the recall have been filed in the state of Ohio, though there are victims all over the country who have been affected by this act of medical malpractice and product liability. Fortunately since the recall, the U.S. Food & Drug Administration has established new standards for metal hip implants, requiring that the ball and cup be made of a chromium-cobalt alloy. Also, the FDA is requiring that there is metal testing in the patients if there are any signs of the implants failing or malfunctioning.

In the event that you are among the many suffering victims who have not yet filed a lawsuit against those responsible for your hip implant malfunctions and subsequent injuries, contact a medical malpractice lawyer near you!