Jessica M. Karmasek Jan. 25, 2013, 2:54pm

LOS ANGELES (Legal Newsline) -- Lawyers for plaintiffs suing over recalled DePuy hip replacements reacted this week to news that the replacements have a 37 percent failure rate after five years of use.

According to a New York Times article published Tuesday, a Johnson & Johnson internal study suggested that more of the 37,000 DePuy hip implant recipients in the United States than expected will have to undergo correction and replacement surgeries in the coming years.

The Times article was based on documents unsealed in a DePuy hip lawsuit in Los Angeles Superior Court -- Loren Kransky and Sheryl Kransky v. DePuy, Inc., et al.

The trial -- the first in the country to proceed beyond jury selection -- was set to start Friday.

New York-based The Rottenstein Law Group said in a news release this week that it is monitoring the situation "with concern."

RLG is representing clients with claims stemming from the failures of defective hip replacement devices manufactured and sold by various companies, including DePuy.

"This is more evidence of Johnson & Johnson's breach of consumer trust," Rochelle Rottenstein, principal of RLG, said in a statement.

"DePuy hip replacement recipients thought they were getting relief from hip problems, not more problems."

DePuy, a subsidiary of Johnson & Johnson, recalled the hip replacements -- Articular Surface Replacements -- in 2010.

Since then, more than 10,000 people have sued in state and federal courts in the United States, according to a recent Bloomberg report.

As the Times explained in its article this week, the metal-on-metal DePuy ASR began to fail soon after implantation, as opposed to plastic and metal hip implants. Those typically last 15 years or more.

With the DePuy replacement, metal can flake off into the body and cause tissue and bone damage, according to the Times.

RLG said this week it also was "closely watching" reports that Johnson & Johnson could offer settlements totaling more than $2 billion.

According to a Bloomberg report Saturday, "five people familiar with the matter" said the world's biggest seller of health care products has offered to pay more than $200,000 a case.

"The news that Johnson & Johnson is looking to settle is encouraging, but DePuy hip replacement recipients should be cautious before entering into any settlement," Rottenstein said in a separate statement.

"A victim should always consult a lawyer to ensure he or she receives the most possible compensation."

From Legal Newsline: Reach Jessica Karmasek by email at

More News