San Diego, CA (PRWEB) May 03, 2013
Resource4thePeople announced today that in continuing to provide consumers with updates of litigation involving allegations that DePuy metal-on-metal hip implants caused serious side effects there has been a verdict in the second trial* among 10,000*** such lawsuits.
A Chicago jury in the most recent case returned a verdict in favor of DePuy Orthopaedics and against a woman who claimed DePuy metal-on-metal hip implant systems were defectively designed and that the company failed to warn patients of serious side effects that could be caused by the devices.
An opposite verdict was returned in the first trial** when, on March 8, a Los Angeles jury found that DePuy and its parent company, Johnson & Johnson must pay a Montana man $8.3 in damages on a finding that the DePuy ASR system was defectively designed.
"Each metal-on-metal hip implant trial involves unique sets of facts and different juries returned different verdicts," said Resource4thePeople. "There are still thousands of cases in this litigation in which victims are waiting to present their claims before a jury and we will continue to monitor these results for consumers."
Resource4thePeople also is announcing that the fact that even though trials in this DePuy metal-on-metal litigation have begun its national network of attorneys are still accepting cases from consumers.
“These are very important cases because they are at the forefront of over 10,000 lawsuits that Bloomberg News*** is reporting having been filed against DePuy and Johnson & Johnson over allegations that these ASR systems were defective and caused serious health problems for thousands of patients,” said Resource4thePeople.
“Because of the number of inquiries from consumers who may not have access to these trials we will continue to post updates about this litigation and other developments involving metal-on-metal hip implant problems on our web site.
“At the same time we are announcing that we will continue to provide free consultations by our lawyers for those who continue to contact us about their legal rights in regard to allegations of DePuy metal-on-metal hip implant failures.”
The Chicago trial* involved allegations filed by Carol Strum, a 54-year-old Illinois nurse, who sought damages over her claims that an ASR hip system manufactured by Johnson & Johnson subsidiary DePuy was defectively designed.
Strum’s lawyer told jurors that the metal-on-metal hip implant failed after three years and she had to undergo replace surgery because DePuy failed to warn of the risks of the ASR, which J&J recalled in August 2010.
In Strum’s trial, Bloomberg News reported*** that her lawyer told jurors that the ASR design flaws caused it to shed chromium and metal debris into surrounding tissue.
The lawyer said that surgeons implanted a metal cup in the hip and a metal ball atop the femur that rotated inside the cup and that DePuy claimed its design would last longer than other products, according to the lawyer.
Bloomberg reported that the jury of seven women and five men deliberated for slightly more than a day before returning its verdict and that four of the jurors initially were in favor of finding for Strum.
"Strum’s case was the second to go trial of almost 11,000 filed in the U.S." Bloomberg reported. "The J&J unit on March 8 was ordered to pay $8.3 million in compensatory damages by a Los Angeles jury that found the design of its ASR XL hip implant was defective and that the company had properly warned of associated risks. The jury rejected punitive damages in that case."
Bloomberg also reported that Johnson and Johnson recalled the ASR implants in August 2010 after 93,000 were sold, when it said 12 percent failed within five years.
"Data last year showed 44 percent failed in Australia within seven years." said Bloomberg. "Analysts have said the cases could cost J&J billions of dollars."
In the Los Angeles trial, jurors awarded damages to Loren Kransky, a 65-year-old former prison guard who claimed he suffered serious health problems after an ASR system failed and metal debris was spread through his body, according to the court file.
Kransky had an ASR hip implanted in 2007 and was forced to have it replaced in 2012 after suffering pain and infections from the metal infecting his blood and nearby tissues, according to the court file.
In their court filings, Kransky’s lawyers filed allegations that DePuy was negligent because their research staff did not use a variety of angulations in testing the ASR metal cup and only tested one of several sizes.
Resource4thePeople also notes that Johnson & Johnson has initiated another recall of a second model of a metal hip component sold outside the United States.”
That recall was the subject of a Reuters News Service article that said that “J&J's DePuy unit told doctors in January that the Adept modular heads, a component used with its Adept metal-on-metal hip replacement device, should not be used after data showed that the devices were failing at a higher than expected rate, according to an emailed statement.”****
Reuters also reported in the article that Johnson & Johnson has reported to investors that it is reserving “more than $3 billion to cover costs for the ASR hip recall.”
*Strum v. DePuy, 2011-L-9352, Circuit Court of Cook County, Chicago, Illinois.
**Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County (Los Angeles).