We are optimistic that this verdict was an aberration based on the specific facts of the case, and that future trials will yield victories for plaintiffs.
New York, NY (PRWEB) April 17, 2013
Bernstein Liebhard LLP notes that an Illinois state court jury hearing the nation’s second trial of a DePuy ASR hip lawsuit has returned a verdict in favor of Johnson & Johnson and its DePuy Orthopaedics unit. (Strum v. DePuy, 2011-L-9352, Circuit Court of Cook County) The Illinois verdict came just over a month after a jury hearing the first DePuy ASR lawsuit trial in Los Angeles Superior court awarded the plaintiff more than $8 million in damages. (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County) It is not yet clear why the two trials resulted in such disparate findings, but according to a report from Bloomberg.com, at least four jurors in the Illinois case had wanted to side with the plaintiff.*
“Obviously, we are disappointed by the verdict and hope to find out more about the specific factors influencing each of the jurors, some of whom voted in favor of the plaintiff,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. “Our DePuy ASR hip lawsuits have been filed in the multidistrict litigation in Ohio, and we are looking forward to the first bellwether trial in that litigation next month. We are optimistic that this verdict was an aberration based on the specific facts of the case, and that future trials will yield victories for plaintiffs.” Bernstein Liebhard LLP is currently offering free legal evaluations to individuals affected by the DePuy ASR hip recall, and will continue to monitor this litigation closely.
DePuy ASR Hip Recall
Court records indicate that more than 11,000 DePuy hip replacement lawsuits have been filed in state and federal court since the 2010 DePuy ASR hip recall. According to a report from The New York Times, documents disclosed in the course of both the Illinois and California trials indicated that Johnson & Johnson and DePuy knew that the ASR was defective years before the recall was announced in 2010. However, that information was not shared with the public or the medical community.**
Following the announcement of the DePuy ASR hip recall, the U.S. Food & Drug Administration (FDA) launched a safety review of metal-on-metal hip implants. In January, the agency proposed a new rule that would make all-metal hips ineligible for the agency’s 510(k) clearance process, which allowed devices like the ASR to come to market without human testing. The FDA also advised doctors to consider metal ion testing in those experiencing symptoms of hip implant failure.***
The majority of DePuy ASR hip lawsuits filed since the recall are pending in the multidistrict litigation now underway in U.S. District Court, Northern District of Ohio, where Bernstein Liebhard LLP is actively filing claims. Firm partner, Jeffrey S. Grand, is also serving on the Plaintiffs’ Steering Committee for a second multidistrict litigation established in U.S. District Court, Northern District of Texas for metal-on-metal DePuy Pinnacle hip replacement lawsuits. (In re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation - MDL No. 2244)
In addition, Bernstein Liebhard LLP is actively filing claims in a multidistrict litigation for Biomet hip replacement lawsuits that is currently underway in U.S. District Court, Northern District of Indiana (In re: Biomet M2a Magnum Hip Implant Products Liability Litigation – MDL No. 2391), and in a multicounty litigation recently established in New Jersey Superior Court for claims involving the Stryker Rejuvenate hip recall. (In re Stryker Rejuvenate Hip Stem and the ABG II Modular Hip Stem Litigation, No. 296) The Firm also continues to investigate claims involving Wright Profemur and Conserve hip replacements, as well as those related to the June 2012 Smith & Nephew metal liner recall.
Individuals who experienced complications allegedly associated with the DePuy ASR or other metal-on-metal hip implants may be entitled to compensation for their medical bills, lost wages, pain and suffering, and other damages. A wealth of information regarding the DePuy ASR hip recall is available on Bernstein Liebhard LLP’s website. For additional information, please contact one of our attorneys by calling 877-779-1414.
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past 10 consecutive years.
Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016
ATTORNEY ADVERTISING. © 2013 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, (212) 779-1414. Prior results do not guarantee or predict a similar outcome with respect to any future matter.
Felecia L. Stern, Esq.
Bernstein Liebhard LLP