Market Overview

Designer of DePuy's recalled ASR hip implant tells jurors that he wouldn't implant the device today


Houston, TX April 9, 2013 – Orthopedic surgeon, Dr. Thomas Schmalzried, was the first defense witness to testify in the second lawsuit brought against Johnson & Johnson subsidiary, DePuy Orthopaedics, Inc. for their recalled ASR hip implant. In the second of more than 10,000 lawsuits, the plaintiff alleges that the ASR hip implant was defective and caused severe injuries that required a revision surgery.

Schmalzried testified on behalf of DePuy and stated that the devices were properly designed and developed but that he wouldn't recommend the implant today were it still on the market. Schmalzried also testified during the first DePuy ASR trial which resulted in an $8.3 million award for the plaintiff. During that trial, he testified that he had no knowledge of the company department that collects and monitors all complaints for the metal implants and added that he no longer implants metal-on-metal devices.

There has been some speculation as to whether Schmalzried has helped or hurt DePuy's case with his surprising testimonies.DePuy has marketed the device as safe, however, it is estimated that about 40% of patients who received the ASR implant will have the device fail within five years, eight times the failure rate of most hip implants.

This failure rate is even higher than was suspected at the time the device was recalled. Evidence has emerged during these trials that suggest that the device was defectively designed and that Johnson & Johnson failed to properly warn about its risks.

D. Miller & Associates, PLLC continues to accept new clients for defective hip implants. In many cases, those affected by these implants need painful revision surgery and even then, they may still experience pain and trouble walking. By contacting an attorney at D. Miller & Associates, you will receive a free consultation to see if you can receive compensation for all of the medical costs and pain and suffering you have experienced from Johnson & Johnson's defective devices.

About D. Miller & Associates, PLLC:Founded in 2002 by attorney Darren Miller, D. Miller & Associates, PLLC is a premiere national law firm with practice areas in personal injury, Granuflo  and Yasmin , defective drugs and devices, business and criminal law. Based in Houston, Texas, the attorneys at D. Miller & Associates, PLLC, have successfully earned their clients compensation through aggressive litigation against even the most powerful of defendants.

For a free legal consultation, contact the firm at 1-855-PRO-LAWYERS or for more information, visit our website at

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