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Loren Kransky Archives - Carey Danis & Lowe

Chicago DePuy Hip Trial Jury Rules in Favor of Johnson & Johnson and DePuy

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

depuy_hip_replacement_lawsuit_litigation_settlements_product_liabilityIn delivering their verdict on March 16, a jury in the Chicago DePuy Hip trial ruled in Johnson & Johnson and DePuy’s favor.

In an article from the New York Times, the jury released a verdict stating that neither Johnson & Johnson nor DePuy engaged in a misleading marketing campaign to promote the metal-on-metal hip implant.

In contrast to the Chicago DePuy Hip trial, in the first DePuy ASR Hip lawsuit to go to trial in California, the plaintiff Loren Kransky was awarded a compensatory award of $8.3 million.

With two DePuy ASR Hip lawsuits settled, Johnson & Johnson faces another 10,000 cases, some of which have been consolidated into a multidistrict litigation (MDL) in Ohio.

Carey Danis & Lowe DePuy ASR Hip lawyers will continue to represent clients who have been injured by the defective metal-on-metal hip implant because the evidence uncovered in our investigations indicates that the DePuy ASR Hip implant causes serious injury.

DePuy ASR Hip lawyers at Carey Danis & Lowe encourage individuals who have been injured by the DePuy ASR Hip implant to contact one of our experienced trial lawyers for a free legal evaluation about your case, and for assistance in filing a DePuy ASR Hip lawsuit. Contact 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.

Carey Danis & Lowe Optimistic About DePuy ASR Hip Lawsuits Following Johnson & Johnson Loss

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

Published March 19, 2013 by PR Web

St. Louis, Missouri (PRWEB) March 19, 2013

Carey Danis & Lowe Optimistic About DePuy ASR Hip Lawsuits Following Johnson & Johnson LossWith defective medical device lawyers currently investigating DePuy ASR Hip Replacement system cases, Carey Danis & Lowe is optimistic about the future of DePuy ASR Hip lawsuits that go to trial. Kransky v. DePuy, a case being heard in a California Superior Court in Los Angeles, involved the plaintiff, Loren Kransky, and resulted in Kransky receiving a compensatory award of $8.3 million, according to a New York Times report on the [DePuy trial].

Though the 12-person jury in Kransky v. DePuy did not award the plaintiff with a punitive damages, as detailed in the New York Times article, a second DePuy ASR Hip lawsuit has gone to trial in Chicago. The trial in Chicago presents another opportunity for a jury to award a plaintiff with compensatory and punitive damages.

Defective medical device lawyers at Carey Danis & Lowe are closely following the Chicago trial, known as Strum v. DePuy, 2011-L-9352, Circuit Court of Cook County. Carey Danis & Lowe will watch the case to see what evidence will be brought before the jury, and if this evidence persuades them that Johnson & Johnson and DePuy should be punished through payment of punitive damages for malicious and negligent business practices regarding the development and marketing of the DePuy ASR Hip.

A Bloomberg article on Strum v. DePuy states that the trial began with opening statements on March 11, so there remains much more information to be brought forth before the jury.

Lawyers at Carey Danis & Lowe are hopeful that individuals who have been injured by the DePuy ASR Hip implant will be compensated for undergoing numerous revision surgeries, pain resulting from a defective metal-on-metal hip, and other losses resulting from the hip implant. Carey Danis & Lowe is encouraging injured parties to contact the law firm about DePuy ASR Hip cases, especially in light of the Kransky v. DePuy verdict.

For more information about contacting Carey Danis & Lowe about a DePuy ASR Hip case, visit https://www.careydanis.com.

Biomedical Engineer Delivers Testimony in California DePuy ASR Hip Trial: Hip Implant Designed with Life-Threatening Defects

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

Biomedical Engineer Delivers Testimony in California DePuy ASR Hip Trial: Hip Implant Designed with Life-Threatening DefectsTestimony in the DePuy ASR Hip trial in California continues to shed light on the defective quality of Johnson & Johnson’s DePuy ASR Hip Replacement system. A biomedical engineer and McGill University professor served as an expert witness for the plaintiff, Loren Kransky, in the first DePuy ASR Hip lawsuit to go to trial. Kransky v. DePuy is being heard in a California Superior Court in Los Angeles County.

According to a Bloomberg News report, the biomedical engineer, Dennis Bobyn, stated that he believed the DePuy ASR Hip Replacement system was designed by Johnson & Johnson with several design flaws that caused an abnormally high rate of failure.

One of these DePuy ASR Hip implant defects involves the metal components, specifically the metal cup and the metal ball, that slide against one another causing a release of metal debris, which then enters the bloodstream and damages local tissues, bones, and muscles.

Metallosis, or metal poisoning, is a major health complication associated with the implantation of the DePuy ASR Hip Replacement system.

In their defense, lawyers for Johnson & Johnson are attempting to build an argument that Kransky’s health complications are unrelated to any defects with Kransky’s DePuy ASR Hip Replacement.

As detailed in a Bloomberg News report dating from February 8, the DePuy ASR Hip Replacement system has a recorded rate of failure in the United Kingdom of 12 percent in five years. An even high failure rate has been recorded in Australia at 40 percent.

In light of the DePuy ASR Hip implant’s abnormally high failure rates, Johnson & Johnson’s defense appears to be flimsy and inadequate.

The defective medical device lawyers at Carey Danis & Lowe are keeping a watchful eye on the court proceedings of Kransky v. DePuy. Furthermore, Carey Danis & Lowe is currently providing free legal consultations regarding DePuy ASR Hip cases. Contact Carey Danis & Lowe for a free legal evaluation and to file a DePuy ASR Hip Replacement lawsuit by calling 800.721.2519. 

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.

British Parliament Members Decry DePuy ASR Hip and Call for Johnson & Johnson DePuy Criminal Inquiry

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

depuy_asr_hip_replacement_recall_lawsuit_johnson_johnson_criminal_trial_british_parliament_dercyAccording to a Telegraph article published in early February, members of the British Parliament are shocked by the data collected, and until recently withheld, in internal studies of a hip implant developed by DePuy, Inc.

DePuy, a unit of Johnson & Johnson, continued to pursue a market presence with its DePuy ASR Hip Replacement system despite the fact that they were well aware that the DePuy ASR Hip, when compared to other hip implants, had a significantly higher failure rate. In fact, internal documents dating from June 2007 reveal that the DePuy ASR Hip failed 10 percent of the time in only 2 years.

The Telegraph report cites that DePuy engineers were warned of hip implant complications by British health officials, more specifically a prominent a British surgeon, Dr. David Beverland. Apparently, Dr. Beverland wrote numerous emails to a DePuy engineer whenever he observed health complications in his hip implant patients.

After hearing about DePuy’s handling of its defective hip implant, Andrew Miller, a Labour Member of Parliament and the Science and Technology Committee chair, exhibited shock and dismay at the efforts taken by a medical device manufacturer to market a defective and harmful product. In light of this, Miller brought up the need for a “criminal inquiry”. Another Member of Parliament mentioned that he would broach the topic before Parliament’s Health Committee.

The Telegraph also mentioned the trial being held in a California Superior Court in Los Angeles County, the trial Kransky v. DePuy, Inc. The plaintiff, Loren Kransky, received a DePuy ASR Hip Replacement, and after experiencing severe pain and contracting metallosis, filed a lawsuit against DePuy.

Lawyers at Carey Danis & Lowe continue to closely follow the Kransky v. DePuy trial in Los Angeles. In addition, following this Telegraph article, we plan to monitor any investigations into the DePuy ASR Hip Replacement system in Britain.

Carey Danis & Lowe is offering free legal evaluations regarding DePuy ASR Hip Replacement cases. To discuss filing a DePuy ASR Hip Replacement lawsuit, contact a lawyer at Carey Danis & Lowe at 800.721.2519.

First DePuy ASR Hip Replacement Lawsuit Goes to Trial in Los Angeles Superior Court

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

First DePuy ASR Hip Replacement Lawsuit Goes to Trial in Los Angeles Superior CourtThe first in 10,000 DePuy ASR Hip Replacement lawsuits went to trial in a California Superior Court in Los Angeles County on January 25. The case is Kransky v. DePuy. The plaintiff, Loren Kransky, is a North Dakota resident who received a DePuy ASR Hip Replacement, and filed the lawsuit claiming a defective design and manufacturer negligence.

According to an article recently published by the New York Times, Johnson & Johnson was aware of a serious design flaw in the DePuy ASR Hip Replacement. However, internal Johnson & Johnson documents, which were unsealed during trial proceedings on January 25, reveal that company executives intentionally withheld information about the DePuy ASR Hip Replacement design flaw from healthcare providers and the public.

In a Bloomberg News report of the Los Angeles Superior Court DePuy ASR trial, testimony given by a biomedical engineer and consultant, George Samaras, indicated that DePuy researchers recorded extremely high levels of chromium and cobalt metal ions in the body, in fact a concentration 16 times higher in comparison to another of DePuy’s medical devices.

DePuy is a unit of Johnson & Johnson that developed and manufactured the ASR, or Articular Surface Replacement, hip implant. In addition, Samaras shared with the jury that DePuy and Johnson & Johnson claimed that the ASR Hip Replacement passed internal medical device standards, when in fact, it had failed them.

Johnson & Johnson recalled the DePuy ASR Hip implant in 2010. The reason given for recalling the hip implant had nothing to do with defective design, but rather, long-term market viability.

In these same internal document unsealed during the Los Angeles DePuy ASR trial, researchers at DePuy noted an abnormally high failure rate for the ASR Hip Replacement, that of 40 percent within only five years after receiving the DePuy hip implant. With this information, Johnson & Johnson still marketed the defective and flawed medical device to healthcare providers and the public.

Furthermore, DePuy and Johnson & Johnson were not only receiving warning signs from internal reports. According to the New York Times report, doctors were reporting complications and device failures regarding the DePuy ASR Hip Replacement to Johnson & Johnson just as the medical device manufacturer was beginning to market the device in the U.S. In 2005.

Thus, with information coming from within and from healthcare professionals, Johnson & Johnson proceeded with their efforts to sell the defective DePuy ASR Hip Replacement.

Patients who have received an implant of the DePuy ASR Hip Replacement note high levels of metal ions in the blood, resulting in metallosis, or metal poisoning. The U.S. Food and Drug Administration (FDA) has released safety communications about tissue and bone damage as well as neurological impairment resulting from metal debris created by metal-on-metal hip implants, such as the DePuy ASR Hip Replacement.

Lawyers at Carey Danis & Lowe are closely examining DePuy ASR Hip Replacement lawsuits across the country. If you or someone you love has received an implant of the DePuy ASR Hip Replacement, contact a lawyer at Carey Danis & Lowe for a free legal evaluation about your case.

You may be eligible to receive compensation for your medical expenses, lost wages, and pain and suffering. Learn more about filing a DePuy ASR Hip Replacement lawsuit by calling a lawyer at Carey Danis & Lowe at 800.721.2519.

DePuy ASR Hip Replacement Trial Scheduled to Begin on January 22, 2013 in California Superior Court

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

DePuy ASR Hip Replacement Trial Scheduled to Begin on January 22, 2013 in California Superior CourtInformation from a Johnson & Johnson internal study into the safety of the DePuy ASR Hip Replacement system is suggestive that the medical device manufacturer understood the serious risks associated with their hip implant.

The Johnson & Johnson internal study was recently unsealed in pretrial proceedings in a DePuy ASR Hip Replacement lawsuit in California, overseen by Judge J. Stephen Czuleger. As detailed in the internal study document, the DePuy hip implant proved defective, having a significantly high failure rate with approximately 40% of patients experiencing health complications and requiring revision surgeries after only five years.

Johnson & Johnson has never made public the data gathered in its internal study into its metal-on-metal hip replacement system, according to the New York Times. The reasons for withholding research findings is unclear. Though it may be assumed that one motivation for safeguarding the internal study could be the fact that, in the Johnson & Johnson report, there is the indication that revision surgery will be required for thousands more individuals who received the metal-on-metal DePuy hip implant.

In providing a statement for the New York Times article, a DePuy spokeswoman named Mindy Tinsley, stated that the Johnson & Johnson internal study illustrates data amassed from very limited sources, and therefore, can be used to neither generalize the high failure rate of the DePuy ASR Hip Replacement system nor the most commonly reported health complications linked to Johnson & Johson’s hip implant device.

Now with the Johnson & Johnson internal study document made public, the first in over 10,000 DePuy ASR Hip Replacement lawsuits was scheduled to begin trial proceedings on January 22, 2013 in a California Superior Court in Los Angeles County. According to court documents, the plaintiff, a North Dakota resident named Loren Kransky, filed his DePuy ASR Hip Replacement lawsuit claiming that he developed metallosis, or metal poisoning, as a result of DePuy’s metal-on-metal design that causes metal particles to release from the device and enter the bloodstream.

The U.S. Food and Drug Administration (FDA) has observed cases of neurological damage resulting from exposure to metal ions in the bloodstream. Furthermore, there is also the potential for the tissues and bone surrounding the hip replacement to deteriorate and weaken due to the presence of metal ions.

If you or someone you love has experienced serious health complications resulting from a defective DePuy ASR Hip implant, you may be entitled to receive compensation for your medical expenses, lost wages, and undue suffering.

For a free legal evaluation regarding your defective hip replacement case, contact a lawyer at Carey Danis & Lowe today by calling 800.721.2519.