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Andrew Ekdahl Archives - Carey Danis & Lowe

DePuy President Testifies in Strum v. DePuy: DePuy Defense Asserts DePuy ASR Hip Recall about Revision Rates not Defective Product

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

DePuy President Testifies in Strum v. DePuy: DePuy Defense Asserts DePuy ASR Hip Recall about Revision Rates not Defective ProductDePuy President, Andrew Ekdahl, delivered testimony during day three of Strum v. DePuy, a case being heard in a Chicago state court. The DePuy ASR Hip lawsuit involves Carol Strum, whose lawsuit against DePuy is the second of 10,750 DePuy ASR Hip lawsuit to go to trial.

According to Ekdahl, DePuy initiated the DePuy ASR Hip recall due to the high rates of revision associated with the metal-on-metal hip implant. However, according to a Businessweek article about the Chicago case, the medical device manufacturer’s defense attorney, Richard Sarver, has continued to argue that DePuy does not consider the ASR Hip implant to be a defective device, despite the high revision rate.

DePuy’s steadfast adherence to the belief in their hip implant not being a defectively designed product comes in light of a Health Hazard and Risk Evaluation Review Board document signed by senior DePuy executives shortly before the DePuy ASR Hip recall, according to Businessweek.

The document supplied three reasons for recalling a product, one of which was about a defective product that had the potential to cause injury and health complications. This option was the one selected by the DePuy senior executives as the reason for the DePuy ASR Hip recall.

Clearly, then, the internal discussions and decisions made by DePuy do not align with their public effort to assert that their metal-on-metal hip implant, though having a significantly high revision rate, is not a defective product.

Defective medical device lawyers at Carey Danis & Lowe are closely watching the DePuy ASR Hip case in Chicago to determine if any new evidence will come to light, which may influence the jury to order Johnson & Johnson and DePuy to pay punitive damages. In the first DePuy ASR Hip case heard in a California Superior Court in Los Angeles, the jury awarded the plaintiff, Loren Kransky, compensatory damages but not punitive damages.

The case being heard in Chicago is Strum v. DePuy, 2011-L-9352, Circuit Court of Cook County.

If you or someone you love has been injured by the DePuy ASR Hip implant, contact an experienced defective medical device lawyer at Carey Danis & Lowe. Receive a free legal evaluation by calling 800.721.2519 or by submitting a legal claim form.

DePuy ASR Hip Trial Update: DePuy Engineer & DePuy President Provide Testimony in Kransky v. DePuy

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

DePuy ASR Hip Trial Update: DePuy Engineer & DePuy President Provide Testimony in Kransky v. DePuyThe first DePuy ASR Hip Replacement trial continues to move forward in a California Superior Court in Los Angeles County. The trial known at Kransky v. DePuy involves the plaintiff Loren Kransky, a 65 year old North Dakota resident who received a DePuy ASR Hip Replacement, and after experiencing health complications with his hip implant, he filed a lawsuit against DePuy.

In testimony delivered before the Los Angeles court on January 31, Graham Isaac, a DePuy engineer, spoke about the laboratory testing of the DePuy ASR Hip Replacement. According to Isaac, DePuy researchers only tested the DePuy ASR Hip at one angle because implanting the hip implant components at a variety of angles resulted in the metal components knocking against one another which caused the release of metal debris. Clearly, the inability to implant the DePuy ASR Hip at any angle but one illustrates its inherent design flaw.

According to a New York Times article about the Los Angeles DePuy ASR Hip trial, the DePuy ASR Hip Replacement system has an estimated failure rate of five years in 40 percent of patients. When compared to other hip implants, this failure rate estimation is abnormally high.

Along with the DePuy engineer, Andrew Ekdahl, the president of DePuy which is a unit of Johnson & Johnson, provided testimony in the Los Angeles trial in late January.

The New York Times describes Ekdahl being shown a warning email that details defects and problems associated with the DePuy ASR Hip Replacement. This email was sent to Ekdahl three years before the DePuy ASR Hip recall in mid-2010. In response to being shown the warning email, Ekdahl stated that he along with others at DePuy responded appropriately to issues with the DePuy ASR Hip Replacement.

Patients who have received an implant of the DePuy ASR Hip Replacement system have claimed that the device causes severe pain, metallosis, and other health complications. During walking or running, the DePuy ASR Hip’s metal components slide against one another causing metal ions to be release into the bloodstream and surrounding muscle and tissues. A build-up of metal ions in the body catalyzes local bone, tissue, and muscle degradation.

Furthermore, the U.S. Food and Drug Administration (FDA) has also cited cases of neurological damage  associated with metal ions entering the bloodstream and ultimately a patient’s brain.

Lawyers at Carey Danis & Lowe are paying close attention to the Kransky v. DePuy trial in Los Angeles. Also, Carey Danis & Lowe is currently offering free legal evaluations of DePuy ASR Hip Replacement cases.

If you or someone you love has received a DePuy ASR Hip implant, and as a result, have experienced serious health complications, you may be entitled to receive compensation for your pain, medical expenses, and lost wages. To file a DePuy ASR Hip Replacement lawsuit, contact Carey Danis & Lowe at 800.721.2519.