Other cases may win punitive damages, meaning even higher compensation. No one involved in these lawsuits should settle just yet.
West Palm Beach, FL (PRWEB) April 02, 2013
Patients with alleged injuries from the DePuy ASR XL metal hip implant have a new source of hope as the first lawsuit against Johnson & Johnson DePuy returns a hefty verdict: the medical device manufacturer must pay $8.3 million in damages to Loren “Bill” Kransky, a retired prison guard who suffered heavily from the decision to use the implant. Attorney Gary Iscoe says the case only sets the stage for other legal claims relating to the same hip implant according to USA Today published March 24, 2013.
The ASR XL is metal-on-metal hip implant, designed to replace the socket of the hip joint and allow those with arthritis or hip injuries to keep walking. However, it was found according to the New York Times article that 12 percent of the implants failed within five years, and in Australia, 44 percent failed within seven years. Johnson & Johnson began a recall of the implants in August 2010 as stated in the New York Times.
“Thousands of patients already had the implant put in before the recall. The only way to recall it is to cut it back out of the bodies of those who had it installed, often leaving them unable to walk,” said Iscoe.
In Kransky's case as quoted in an article published March 8, 2013- Bloomberg, Johnson & Johnson was found liable for medical expenses, pain, and emotional suffering but not for punitive damages. Iscoe says that could change in other cases. The case is Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County.
“This really just sets the stage,” he said. “Other cases may win punitive damages, meaning even higher compensation. No one involved in these lawsuits should settle just yet.”
About Gary Iscoe:
Gary T. Iscoe is a co-founder of Steinger, Iscoe and Greene law firm along with West Palm Beach car accident lawyer Michael Steinger. With 20 years of experience handling injuries and consumer product liability cases, Iscoe is a veteran advocate for victims' rights. He started his legal career working for insurance companies and quickly decided he’d rather stand up for the victims. He can be contacted at:
Steinger, Iscoe and Greene
2333 Ponce De Leon Boulevard
Coral Gables, Florida 33134