As the trial nears its conclusion, we have heard and seen ample evidence, including both email correspondence and testimony from DePuy employees, that indicates the ASR had problems the company knew about.
Los Angeles, Calif (PRWEB) February 27, 2013
As the nation’s first DePuy ASR trial—of potentially thousands—nears its end, an expert for Johnson & Johnson, the company whose subsidiary made the now-recalled ASR metal-on-metal hip replacement system, testified that it was the plaintiff’s various health problems and not his since-removed ASR hip implant that caused him metal poisoning and infection.* The Rottenstein Law Group, which represents clients in lawsuits related to the recall, is closely following the trial and maintains a website on cases at http://www.depuyrecallnewscenter.com.
Gonzalo Ballon-Landa, a doctor of infectious diseases, testified on Feb. 26 during the trial of In re: Loren Kransky and Sheryl Kransky v. DePuy, Inc., et al. (BC456086, Los Angeles Superior Court) that Loren Kransky, 65, of South Dakota, acquired an infection through a port used to administer chemotherapy drugs for his kidney cancer, and not from the hip implant, which he received in December 2007 and had removed in February 2012, according to Bloomberg. In addition, DePuy’s counsel alleged that Kransky’s health problems, which include diabetes, high blood pressure and cholesterol, strokes and the cancer, combined with the angle at which a surgeon implanted the ASR, is what caused infection and metal poisoning.
Kransky’s counsel, conversely, attributed the infection, as well as metal ions in Kransky’s blood, to a defectively designed device, with which assertion the plaintiff’s expert witnesses, including DePuy employees, agreed at various points during the trial.
“As the trial nears its conclusion, we have heard and seen ample evidence, including both email correspondence and testimony from DePuy employees, that indicates the ASR had problems the company knew about,” said Rochelle Rottenstein, principal of the Rottenstein Law Group. “Given the large number of lawsuits nationally, Kransky’s harm is not an isolated incident.”
The Rottenstein Law Group, which has been following the Kransky trial via news reports and the Courtroom View Network since it began in January, encourages hip implant recipients to download an informational brochure from its DePuy Recall News Center to learn more about the DePuy ASR recall and lawsuits.
DePuy is currently a defendant in more than 10,000 lawsuits nationwide, most of which are part of a multidistrict litigation, which is a consolidation of federal cases for pretrial proceedings (MDL-2197).
The ASR Hip Resurfacing System and the ASR XL Acetabular System were recalled in August 2010 following reports of high failure rates. DePuy said at the time of the recall that the ASR hip replacement system has a 12 percent failure rate, but an Australian device registry found that failure rate to be closer to 40 percent, according to Bloomberg.**
About THE ROTTENSTEIN LAW GROUP
The Rottenstein Law Group is a New York-based firm that represents clients nationwide in mass tort actions. The firm was founded by Rochelle Rottenstein, who has more than two decades of experience as a lawyer, to represent clients hurt by defective medical devices. (Attorney advertising. Prior results do not guarantee a similar outcome.)
The Rottenstein Law Group, LLP
Rochelle Rottenstein, Esq.
321 W. 44th Street
New York NY 10036
(212) 933-9500 (office phone)
(212) 933-9980 (facsimile)
rochelle (at) rotlaw (dot) com