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Carol Strum Archives - Carey Danis & Lowe

DePuy ASR Trial Strum v. DePuy Hears Testimony from Orthopedic Surgeon Involved in DePuy ASR Hip Design

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

DePuy ASR Trial Strum v. DePuy Hears Testimony from Orthopedic Surgeon Involved in DePuy ASR Hip DesignIn the latest news to come out of the a DePuy ASR trial being heard in a Chicago court, an orthopedic surgeon, who assisted DePuy in developing the DePuy ASR Hip implant, provided testimony on April 2. In his testimony, Thomas P. Schmalzried claimed that DePuy’s design process was complete, yet if given the choice to use the DePuy ASR Hip implant today, Schmalzried admitted he would refuse, according to an article by Law 360.

In fact, as an orthopedic surgeon, Schmalzried conceded that it has been a long time since he implanted a metal-on-metal hip implant.

As a member of the design team working alongside DePuy engineers, Schmalzried shared that the design and development process behind the DePuy ASR Hip involved many years of research and advice from surgeons and experts from around the world. Schmalzried had an overall impression that DePuy proceeded in an honest and complete manner throughout the ASR Hip design and development process.

The plaintiff in the DePuy ASR Hip trial, Carol Strum, filed her DePuy ASR Hip lawsuit in 2011 alleging that the metal-on-metal hip had a defective design causing the release of metal ions. Ultimately, Strum underwent a revision surgery to remove and replace the DePuy ASR Hip implant.

Contrastingly, DePuy is building a case around the plaintiff’s problems with the DePuy ASR Hip implant as an issue with Strum’s biology and overall health rather than any defects with its own product.

Hearing a different perspective regarding the DePuy ASR Hip implant design process provides much to consider, especially following evidence brought forth in the first DePuy ASR Hip trial revealing DePuy executives’ DePuy ASR Hip implant safety concerns. Defective medical device lawyers at Carey Danis & Lowe are monitoring the Strum v. DePuy case in Chicago, as it is only the second DePuy ASR Hip lawsuit to go to trial.

DePuy ASR Hip lawyers at Carey Danis & Lowe encourage individuals who have been injured by the defective hip implant to contact our law firm today for a free legal evaluation about your case, and for assistance in filing a DePuy ASR Hip lawsuit.

Contact a lawyer at Carey Danis & Lowe today by calling 800.721.2519 or by submitting a legal claim form.

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.

Second DePuy ASR Hip Trial Begins in Chicago Court

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

Second DePuy ASR Hip Trial Begins in Chicago CourtOn the heels of Johnson & Johnson’s loss in a California Superior Court case regarding their DePuy ASR Hip implant, the second DePuy ASR Hip lawsuit started on March 11 in the Circuit Court of Cook County in Chicago, Illinois.

The case is Strum v. DePuy, and involves the plaintiff, Carol Strum, a 54 year old nurse and Illinois resident. After receiving a DePuy ASR Hip implant, Strum claims that her implant proved defective after only three years.

Strum’s case is the second DePuy ASR Hip Replacement lawsuit to go to trial of approximately 10,750 cases, according to a Bloomberg report. The first lawsuit to go to trial, Kransky v. DePuy, was lost by Johnson & Johnson, and resulted in the jury ruling that Johnson & Johnson and DePuy would have to pay $8.3 million in compensatory damages to the plaintiff, Loren Kransky.

Furthermore, the jury decided that Johnson & Johnson and DePuy would not have to pay punitive damages to the plaintiff. The case was heard in a California Superior Court in Los Angeles.

In opening statements delivered on March 11, Johnson & Johnson’s lawyer argued that the DePuy ASR Hip implant is not a defectively designed medical device, and that the recall of the hip device in 2010 was unrelated to any defect.

Conversely, in his opening statements to the jury, Strum’s lawyer provided details about the defective nature of the metal-on-metal design of the DePuy ASR Hip. Strum’s lawyer emphasized how the metal ball and metal cup knocked against one another during movement causing the release of metal ions into surrounding tissue, muscles, bone, and the bloodstream.

In addition to claiming that Strum suffers from metal poisoning, Strum’s lawyer stated that DePuy neglected to sufficiently inform Strum, Strum’s healthcare provider, and her surgeon about the health risks associated with the DePuy ASR Hip implant.

The Johnson & Johnson lawyer stated that the plaintiff’s body rejected the DePuy ASR Hip implant. The cause of Strum’s health complications, according to the defendants, is related to Strum’s biological response to the hip implant, and has nothing to do with her surgeon nor the hip implant itself. As this case moves forward, it will be interesting to see how Johnson & Johnson and DePuy supports this claim.

In Kransky v. DePuy, the plaintiff was seeking punitive damages in the amount of $179 million. In her case, Strum is also seeking punitive damages along with compensatory damages.

Lawyers at Carey Danis & Lowe have been closely watching the Chicago DePuy ASR Hip trial to see if this time around the jury will award punitive damages to the plaintiff to punish Johnson & Johnson and DePuy for their negligence.

To file a DePuy ASR Hip lawsuit and for a free legal evaluation about your DePuy ASR Hip case, contact a defective medical device lawyer at Carey Danis & Lowe by calling 800.721.2519 or by submitting a legal claim form.

Kransky v. DePuy Jury Awards Plaintiff $8.3 Million Compensatory Award

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

Kransky v. DePuy Jury Awards Plaintiff $8.3 Million Compensatory AwardOn 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.