Johnson & Johnson’s (NYSE:JNJ) subsidiary DePuy Orthopaedics’ 1st defense witness in a lawsuit against its recalled metal-on-metal hip implants testified before a jury that, as an orthopedic surgeon, he would not implant the ASR XL hips in patients today.

Dr. Thomas Schmalzried was among the lead designers of the ASR XL implant, which DePuy pulled from shelves in August 2010. He testified on behalf of DePuy and J&J this week that the devices were properly designed and developed, but noted that he wouldn’t recommend the implant today were it still on the market, Law360.com reported.

Schmalzried has been something of a wild card in previous testimony as well, leading some to speculate as to whether his presence helps or hurts DePuy’s case.

Last month, amid the 1st DePuy ASR XL hip lawsuit to go to trial, Schmalzried testified that he had no knowledge of the so-called "vigilance department" that was designed by company policy to collect and monitor all complaints for the metal hip implants. He added then that he no longer implants metal-on-metal devices, according to the legal blog of medical device injury lawyers Maglio Christopher & Toale.

That 1st trial concluded in a jury verdict against J&J and DePuy, and $8.3 million in damages awarded to patient Loren Kransky. The new trial is taking place before Judge Deborah Dooling in Chicago’s Circuit Court of Cook County.