DePuy ASR Hip Lawsuit News: Plaintiff’s Attorney Alleges J&J Pursued Profits Over Safety; Asks for as Much as $180 Million in Damages

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As the jury deliberates over a verdict in the nation’s first DePuy ASR hip lawsuit to go to trial—of potentially thousands—the Rottenstein Law Group responds to the plaintiff’s attorney’s assertion during closing arguments that Johnson & Johnson subsidiary DePuy Orthopaedics knew the recalled ASR hip replacement implant was defective but continued to sell the device.

DePuy ASR Hip Replacement

DePuy ASR Hip Replacement

The jury has a lot (of evidence) to work with, but the hope is that Mr. Kransky—and the thousands of others whose trials are pending—will ultimately receive the compensation for their injuries that they deserve.

As the jury deliberates over a verdict in the nation’s first DePuy ASR hip lawsuit to go to trial—of potentially thousands—the Rottenstein Law Group responds to the plaintiff’s attorney’s assertion during closing arguments that Johnson & Johnson subsidiary DePuy Orthopaedics knew the recalled ASR hip replacement implant was defective but continued to sell the device.

Attorneys for Loren Kransky, 65, of South Dakota, allege that the faulty design of the ASR caused metal ions, created by friction between the ball and cup of the hip implant, to enter Kransky’s bloodstream. They also allege that the device’s poor design made it extremely difficult for Kransky to walk without immense pain. They are asking for $338,000 for medical expenses and $5 million for Kransky’s pain and suffering. For punitive damages, Kransky’s attorneys are asking for between two and five percent of Johnson & Johnson’s net worth, or between $72 million and $172 million, according to Bloomberg.*

“Evidence throughout the trial has indicated that DePuy executives allegedly were made aware of the ASR’s particular inclination toward failure,” said Rochelle Rottenstein, principal of the Rottenstein Law Group. “It was shown through testimony from DePuy employees, in addition to company emails. The jury has a lot to work with, but the hope is that Mr. Kransky—and the thousands of others whose trials are pending—will ultimately receive the compensation for their alleged injuries that they deserve.”

The Rottenstein Law Group encourages hip implant recipients to download an informational brochure from this website to learn more about the DePuy ASR 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, which went on the market in 2005, 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.**

*bloomberg.com/news/2013-02-28/j-j-profit-pursuit-led-to-defective-hip-lawyer-argues.html

**bloomberg.com/news/2013-02-08/j-j-president-visited-hip-surgeon-pre-recall-jury-told.html

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.)

Contact:
The Rottenstein Law Group, LLP
Rochelle Rottenstein, Esq.
321 W. 44th Street
# 804
New York NY 10036
(212) 933-9500 (office phone)
(212) 933-9980 (facsimile)
rochelle (at) rotlaw (dot) com
http://www.rotlaw.com

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Rochelle Rottenstein, Esq.
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