Monies Set Aside for Pinnacle and ASR Hip Implant Lawsuits Continues to Increase



As the number of lawsuits against DePuy and its parent company Johnson & Johnson increase, one can only wonder if this increased litigation is responsible for the huge amount of money Johnson & Johnson continues to set aside. The DePuy ASR hip implant was recalled in 2010 after it was found the metal components were rubbing against one another, causing tiny metal ions to shear away from the hip implant and become lodged in the surrounding tissue or enter the bloodstream. The cobalt and chromium ions in the tissues led to hip failure, necrosis, bone loss, inflammation and chronic pain in many recipients of the ASR and Pinnacle systems.
Other recipients of the hip implants develed metal toxicity from the cobalt and chromium which migrated to the bloodstream. Symptoms of metal toxicity are serious, and the heavy metals can build up to dangerous levels in a recipient’s body before without their realizing it. Once the damage has been done by these toxic metals, there is little way to undo it other than have the implant recipient undergo a revision surgery to remove the metal parts which are causing the adverse health problems. 

As of a few short months ago over 6,000 people across the United States filed lawsuits against DePuy and Johnson & Johnson regarding the ASR while another 1,800 have filed suit claiming the DePuy Pinnacle hip implant to be defective as well. Following the recall, DePuy indicated it might consider reimbursement for medical expenses the company deemed “reasonable,” however in order to receive this nominal compensation, hip implant victims were forced to sign away very important rights. 

The DePuy metal-on-metal hip implants which have caused the problems—the Pinnacle and ASR—could lead to many recipients having to undergo a second surgical procedure to remove the defective hip. This past August, DePuy and Johnson & Johnson entered into the first agreement to settle an ASR lawsuit, ending a case brought by three people in Nevada state court. Another state court case is scheduled to begin in early 2013 in Maryland, and the combined multi-district litigation ASR cases will begin in May, 2013, with the second round starting in July, 2013. 


Johnson & Johnson reportedly paid over $600,000 to settle the three Nevada cases, and such outcomes allows plaintiffs and defendants to gauge how juries are likely to respond to subsequent cases. At the beginning of January, 2012, Johnson & Johnson set aside $4,608,000,000 in anticipation of continued litigation regarding the ASR and Pinnacle. Just this September, at the end of J & J’s third 2012 quarter, approximately two billion more was set aside, bringing the total to $6,498,000,000. Many are beginning to wonder if this staggering amount of set-aside money is directly related to Johnson & Johnson’s mindset regarding the outcome of future litigation. 

Despite the troubles DePuy has suffered with the recall of the ASR in August, 2010 and subsequent issues with the Pinnacle implant, Johnson & Johnson sales reached $17.1 billion dollars for 2012 at the end of the third quarter which was a $6.5% increase over the prior  year. A mere $800 million of the staggering set-aside has been earmarked for medical costs related to the ASR hip implant recall. The fact that the Nevada cases settled for roughly $200,000 each and there are an estimated 8,000 lawsuits left to settle, only amounts to $1.6 billion if you assume further cases will settle for approximately the same amount.
This begs the question of why Johnson & Johnson has set aside over $6 billion dollars in anticipation of lawsuits and settlements. Are they planning to fight all consolidated MDL cases to the bitter end, or do they expect to settle with each plaintiff for more than the $200,000 received by the Nevada plaintiffs? Only time will tell.

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