On March 8, the jury in Kransky v. DePuy awarded the plaintiff in the case a compensatory award of $8.3 million. The compensatory damages to be paid to the plaintiff, Loren Kransky, by Johnson & Johnson cover Kransky’s pain and suffering after receiving an implant of the DePuy ASR Hip.
However, the jury decided against awarding punitive damages because they believe that Johnson & Johnson and DePuy had supplied sufficient warning about the health risks involved with the use of the DePuy ASR Hip implant.
Kransky v. DePuy was the first DePuy ASR Hip lawsuit to go to trial in approximately 10,750, according to a Bloomberg article about the case.
Kransky filed his DePuy ASR Hip lawsuit alleging that the hip implant designed and developed by DePuy, a subsidiary of Johnson & Johnson, created a defective medical device. In addition, Kransky claimed that the defective design of the DePuy ASR Hip caused severe pain, numerous revision surgeries, and other serious health complications.
Furthermore, Kransky claimed that the metal-on-metal design of the DePuy ASR Hip caused metal ions to enter into his bloodstream resulting in metallosis, or metal poisoning.
Kransky v. DePuy was heard over a five week period in a California Superior Court in Los Angeles.
Following the jury’s ruling, a DePuy spokesperson stated that the medical device manufacturer plans to appeal the ruling in regard to the hip implant’s faulty design citing the company’s belief that the ASR Hip Replacement system works correctly. Furthermore, DePuy stated that the U.S. Food & Drug Administration (FDA) review of the DePuy ASR Hip was not provided to the jury.
The next ASR Hip lawsuit to go to trial is a case being head in an Illinois state court in Chicago. The Illinois DePuy ASR Hip trial started on March 11, and involves the plaintiff, Carol Strum.
Lawyers at Carey Danis & Lowe who work in trials involving defective medical devices believe that the $8.3 million compensatory award bestowed upon Kransky is a testament to the damages that the DePuy ASR Hip Replacement system has caused for individuals. Though no punitive damages were awarded to Kransky in his trial, Carey Danis & Lowe is interested in seeing if Strum’s trial will involve payment by Johnson & Johnson and DePuy of compensatory and punitive damages.
If you or someone you love has been injured by an implant of the DePuy ASR Hip Replacement system, contact an experienced trial lawyer at Carey Danis & Lowe. For a free legal evaluation and to file a DePuy ASR Hip lawsuit, contact a lawyer at Carey Danis & Lowe by calling 800.721.2519 or submit a legal claim form.References: Defective Medical Device litigation, Hip/Knee Replacement