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Clark, Love & Hutson, General Partnership - Attorneys and Counselors at Law
440 Louisiana Street, Suite 1600
Houston, TX 77002
Toll-Free: 888-529-5222
Phone: 713-757-1400
Fax: 713-759-1217


Court documents: Hip replacement maker aware of failure rate

Many in Houston who received hip replacement devices made by Johnson & Johnson's DePuy Orthopaedics division were undoubtedly surprised by the recent revelation that company executives were aware of the device's high failure rate. Others might not have been surprised, reasoning that after all, how could Johnson & Johnson have been unaware of the rate at which their defective medical devices were failing?

The revelation about the company management came as internal company documents were unsealed in a California court where the first trial involving the Articular Surface Replacement (ASR) has commenced.

The ASR was recalled in 2010, but not before Johnson & Johnson had scoffed at reports from a British implant registry's findings about the device's high failure rate when compared to similar hip replacements.

Johnson & Johnson's internal analysis shows that thousands more who had the hip implants can expect their devices to fail in the next couple of years as well. Already, more than 10,000 former patients have joined the lawsuits involving the company.

In that California trial, the public can expect to hear and read about hundreds of internal Johnson & Johnson reports and memos that many expect to document the company's refusal to acknowledge that its metal-on-metal devices were defective.

Last year, the company took a special charge of $3 billion related to medical and legal costs it expects to incur as a result of the ASR.

Those whose devices failed have had to undergo painful, costly procedures to replace the cup-and-ball implants.

Anyone harmed by a defective medical device should speak with a law firm experienced in holding accountable those responsible.

Source: New York Times, "Maker Aware of 40% Failure in Hip Implant," Barry Meier, Jan. 23, 2013

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Scott A. Love was recognized as a Texas Super Lawyer (Rising Star Edition), 2006-2013, a Thomson Reuters service printed in Texas Monthly.
Michael M. Gallagher was recognized as a Texas Super Lawyer (Rising Star Edition), 2012-2013, a Thomson Reuters service printed in Texas Monthly.
William W. Lundquist was recognizes as a Tesas Super Lawyer (Rising Star Edition), 2008, 2011-2012, a Thomson Reuters service printed in Texas Monthly.

Houston Bar Association 1870 ABA Houston Trial Lawyers Association Member of The American Trial Lawyers Association AV | Lexis Nexis | Martindale Hubbell | Peer Review Rated | For Ethical Standards and Legal Ability

Scott A. Love was recognized as one of Houston’s Top Lawyers (2007-2011) and one of Houston's Lawyers on the Fast Track (2006-2011) as presented by H Texas Magazine.

Clayton A. Clark was recognized as a Top Lawyer for the People, H-Texas Magazine (2005).