Kudos to Plaintiffs’ trial team. We have been closely monitoring this trial, as it could provide valuable insights into how juries might rule in similar metal-on-metal hip lawsuits involving the ASR recall.
New York, New York (PRWEB) March 08, 2013
The nation’s first trial over the 2010 DePuy ASR hip recall has ended with an award of $8.3 million in damages for a retired prison guard who said the failure of his ASR hip caused him to suffer metal poisoning and other serious complications. According to Bloomberg.com, the Los Angeles Superior Court jury agreed with the Plaintiff’s claim that Johnson & Johnson’s DePuy Orthopaedics unit was liable for designing a defective product. While the panel did not find that Defendant failed to warn about the ASR’s risks and declined to award punitive damages, one juror interviewed by Bloomberg.com stated that he had favored a punitive award based on evidence that DePuy found the problem and took so long to resolve it.* (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County (Los Angeles))
“Kudos to Plaintiffs’ trial team. We have been closely monitoring this trial, as it could provide valuable insights into how juries might rule in similar metal-on-metal hip lawsuits involving the ASR recall. We are pleased the jury found there was negligence on the part of DePuy, and the implication that some jurors may have favored punitive damages is encouraging,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices, including hundreds of individuals affected by the DePuy ASR recall. The Firm is actively filing metal-on-metal hip lawsuits in the multidistrict litigation established in U.S. District Court, Northern District of Ohio for claims involving the DePuy ASR hip recall. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)
DePuy ASR Recall
According to Bloomberg.com, the case was the first of more than 10,700 lawsuits filed since the DePuy ASR hip recall to head to trial. The metal-on-metal hip implant was recalled in August 2010, after it was found to be failing early in an unacceptably high number of patients. Current estimates now indicate the metal-on-metal hip implant could fail in more than 40% of recipients within five years of implantation. The DePuy ASR lawsuit originally sought compensatory damages of $5.3 million and punitive damages of as much as $179 million. According to Bloomberg.com, an attorney for the Plaintiff asked the jury in closing arguments to send a message to the Defendants, saying they “don’t have a soul.” “That design was defective from the first day they put it out,” the attorney asserted. “It was beyond what any hip had ever done to anyone in the history of the world. It’s not even close.”**
Court records indicate the majority of DePuy ASR hip lawsuits filed since the recall are pending in the Northern District of Ohio, where trials are scheduled to begin this spring. Jury selection is now underway in another state lawsuit underway in Illinois’ Cook County Circuit Court. (In Re DePuy ASR Hip Litigation, No. 10-L-10506)
Last month, the U.S. Food & drug Administration (FDA) issued new guidance for metal-on-metal hip implants like the DePuy ASR, which consist of a ball and cup made from chromium-cobalt alloy. Among other things, the agency advised doctors to consider metal ion testing if patients are experiencing symptoms of hip implant failure. The FDA also proposed a new rule that would make all-metal hip implants ineligible for 510(k) clearance, which allowed the ASR hip to come to market without human testing.***
Bernstein Liebhard LLP is currently offering free legal evaluations to alleged victims of metal-on-metal hip implants, including the DePuy ASR. A wealth of information regarding metal-on-metal hip lawsuits 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.
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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