Attorney for Plaintiff Claims DePuy Intentionally Marketed Defective ASR Implants
HOUSTON, TX, April 16, 2013—Sullo & Sullo, LLP, a Houston-based law firm, has made a commitment to help those suffering damages from the DePuy ASR hip implant device. In light of today’s Bloomberg report it is believed there are scores of victims of the ASR hip device who will need experienced legal advocates in their corner. DePuy and their parent company, Johnson & Johnson recalled the ASR hip device in August, 2010, after the implant was found to potentially cause metal toxicity among recipients as well as having a higher-than-normal rate of failure. At the time of the recall over 93,000 of the metal-on-metal implants had been sold, the majority of which were implanted in patients.
The current case involving Carol Strum, an Illinois nurse, is the second of nearly 11,000 cases to go to trial in the United States. Johnson & Johnson was directed by the courts to pay Loren Kransky, a retired prison guard from Montana, a staggering $8.3 million just over a month ago. During the first trial, a Los Angeles jury determined the design of the ASR was defective and that DePuy neglected to adequately warn implant recipients of the potential dangers. In the current case Krum’s attorney urged the jury to award his client a minimum of $5 million, stating that at least one study showed 47% of all ASR implants failed within seven years.
DePuy’s attorneys denied the ASR was defective in the present case, directing the jury instead to Krum’s other health issues including allergies, migraines, chest and back pain, a family history of Crohn’s disease and autoimmune problems as the cause of the implant failure. The same tactic was used in the Kransky trial, to little avail. Pointing to the fact that Krum suffers pain today from the implant which replaced the ASR device and that Krum’s natural hip required replacement in her 40’s due to arthritis DePuy’s attorneys continue to stand behind the safety of their hip device. In fact, one DePuy attorney noted “This is not a product that was developed on the back of a napkin and sold.” While approximately 75% of the nearly 11,000 cases have been consolidated in a federal court in Toledo, Ohio, more than 2,000 are in California state court while others are scattered across the U.S. in state courts. The next scheduled trial is in federal court in May, 2013.
At Sullo & Sullo, LLP, the extensive legal knowledge and comprehensive understanding of the specifics of the DePuy ASR hip implant allow our attorneys to fully meet the needs of victims of the recalled hip implant. We have a solid reputation and consistently provide our clients with zealous representation, compassion and professionalism.
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