Sunday, March 10, 2013

Recipient of DePuy ASR Hip Implant Awarded $8.3 Million Dollars in Lawsuit against Johnson & Johnson

Jury Agrees Design Was Defective, Rejects Claim of Failure to Warn

HOUSTON, TX—A Los Angeles jury awarded Loren Kransky, a 65-year old retired prison guard from Montana, $8.3 million dollars today for the damages he suffered from a defective hip implant. The implant was manufactured by DePuy Orthopedics, a subsidiary of Johnson & Johnson. The device, anASR XL metal-on-metal hip implant, was recalled by DePuy in 2010 after a significant number of implant recipients suffered early device failure and metal toxicity. It is estimated that over 90,000 of the recalled devices were implanted worldwide.While the metal-on-metal implants were expected to last from 10-20 years, one in eight recipients of the DePuy ASR implant required replacement surgery within five years.

The jury in this case agreed the design of the ASR was defective and was responsible for the metal poisoning and other health problems Kransky suffered following his 2007 implant surgery. They rejected the claims that the company acted with malice and that DePuy failed to warn recipients of the potential risks of the ASR, thereforeKransky will not be able to collect punitive damages.

While Johnson & Johnson set aside a reported $1 billion dollars to cover the costs of these lawsuits, that number may not be realistic in light of today’s verdict. Kransky’s victory will set the tone for the thousands of lawsuits to come and today’s outcome tells J & J and DePuy that the injuries suffered from the ASR are severe.

During the trial, attorneys for Johnson & Johnson stated Kransky’s pre-existing health issues such as diabetes, cancer, kidney disease, vascular disease and a history of smoking were responsible for his health problems rather than the hip implant. A spokeswoman for DePuy, Loire Gawreluk, stated the company will appeal the verdict and that “we believe the ASR XL was properly designed.” Gawreluk stated one reason for the appeal is that jurors were not allowed to hear testimony concerning the FDA’s review and clearance of the device.

Kransky’s attorneys argued to the contrary, stating that DePuy was well aware of the design deficiencies long before Mr. Kransky’s implant surgery and showed little regard for patient safety. Mr. Kransky testified that the implant had caused a stabbing, debilitating pain which forced him to use a wheelchair. Kransky’s daughter testified that she felt her father was being poisoned by the implant. After a trial that lasted nearly five weeks, Kransky’s attorney Michael Kelly stated in closing arguments “This is not an imperfect hip, this is a public health disaster.” Kransky’s attorneys also stated during the trial that DePuy deliberately buried surgeon complaints of mounting failures and studied a redesign of the ASR before scrapping it in 2008.

All eyes were on this first trial, as there are nearly 11,000 similar cases awaiting trial. The metal parts of the implants rub against one another causing metal ions to shear away and lodge in surrounding tissues or enter the bloodstream. The health issues from this ion shear are numerous and severe.Brian Panish, one of Kransky’s lawyers, stated, “This is the first day of reckoning for DePuy. We’ve learned a lot from this trial. We’ll get punitive damages in the next trial.” Despitethe ongoing ASR trials and over 30 product recalls since 2009, Johnson & Johnson stock rose 40 cents today.

Contact:
Sullo & Sullo, LLP
Southwest Fwy, Suite 300
Houston, TX 77098
281-377-4750
Fax: 713-523-6634
Website: www.sullolaw.com

Print
0 Comments

Categories: Imported ArticlesNumber of views: 896

Tags:

Please login or register to post comments.

WARNING: Do not send any information in any email through this website if you consider the information confidential or privileged.

I understand that by submitting my contact information to Sullo & Sullo LLP for review, I consent to messages regarding this legal matter as well as marketing for other potential legal matters in the future without limitation at standard messaging and data rates unless terminated by me in writing. I further understand that my submission of any and all information in response to this website does NOT create a lawyer-client relationship between myself and Sullo & Sullo, LLP and/or its lawyers, and that any and all information submitted is NOT confidential or privileged. I further acknowledge that, unless Sullo & Sullo, LLP subsequently enters into an Attorney-Client relationship with me, any and all information I provide will NOT be treated as confidential or privileged, and any such information may be used against me and/or for the benefit of current or future clients of Sullo & Sullo, LLP. ...READ ENTIRE DISCLAIMER
Receive an Immediate Response
ANDREW SULLO IS A TOP 100 NATIONAL TRIAL LAWYER 2013 • 2014 • 2015 • 2016 • 2017 • 2018 • 2019
Obtener una Respuesta Inmediata
Andrew Sullo – 100 Mejores Abogados Nacional | 2013 • 2014 • 2015 • 2016 • 2017


4.5/5.0

STARS ON YELP
WITH OVER 400 REVIEWS*

*AS OF 2024



Andrew Sullo has been named a

TOP 100 NATIONAL TRIAL LAWYER*
2013-2025

*BY THE NATIONAL TRIAL LAWYERS

 

CALL NOW FOR A FREE LEGAL CONSULTATION
(800) 730-7607
CALL NOW FOR A FREE LEGAL CONSULTATION (713) 839-9026 CALL NOW FOR A FREE LEGAL CONSULTATION (713) 335-9485


Andrew Sullo is a recipient of the

AVVO CLIENT'S CHOICE AWARD*
2016, 2017, 2019-2024

*GIVEN BY AVVO


Justice

Andrew Sullo is a Member of the

AMERICAN ASSOCIATION OF JUSTICE
2013-2024

*GRANTED BY THE AAJ

 

IF YOU OR A LOVED ONE WERE SERIOUSLY INJURED DUE TO THE NEGLIGENCE OF ANOTHER, CONTACT SULLO & SULLO IMMEDIATELY.
CALL NOW
(800) 730-7607
CALL NOW
(713) 839-9026
CALL NOW
(713) 335-9485

GET LEGAL HELP