Robert Ottman was ready for his day in court against consumer health care products giant Johnson & Johnson. Ottman underwent total hip replacement surgery in 2008 during which he was implanted with Johnson & Johnson’s DePuy ASR metal-on-metal artificial hip system.
Ottman claims the device caused him so much pain and disability that in 2011 he was forced to undergo invasive revision surgery to remove and replace the defective device. In 2010, Johnson & Johnson pulled the hip implants due to an alarmingly high number of premature failures.
Ottman’s lawsuit claims that Johnson & Johnson and its subsidiary DePuy Orthopaedics knew the devices were failing at an unusually high rate but still continued to market the devices worldwide.
Ottman’s lawsuit, a bellwether case and one of thousands of lawsuits against Johnson & Johnson involving the devices, was set to go to trial beginning Oct. 15. But the plaintiff and Johnson & Johnson reached a settlement. The terms of the settlement are confidential.
The first lawsuit involving the ASR hip implant resulted in an $8.3 million judgment against Johnson & Johnson. The next bellwether trial is scheduled for early 2014 in Los Angeles.
The first bellwether trial in a multidistrict litigation over the ASR artificial hip was scheduled for September, but was postponed by an Ohio federal judge due to discovery issues.
Source: Law 360