While it is unfortunate that punitive damages were not assessed against the defendants, it is a promising verdict for those who believe their metal-on-metal hip implant has caused them injury and who wish to pursue a lawsuit.
Los Angeles, Calif. (PRWEB) March 08, 2013
On Friday, March 8, jurors in the first DePuy ASR hip replacement trial in the nation awarded plaintiff Loren Kransky, 65, $8.34 million in damages,* but declined to assess punitive damages against DePuy and its parent company Johnson & Johnson, according to a Bloomberg report. The Rottenstein Law Group, which files DePuy ASR hip lawsuits on behalf of its clients, is encouraged by this verdict.
“While it is unfortunate that punitive damages were not assessed against the defendants, it is a promising verdict for those who believe their metal-on-metal hip implant has caused them injury and who wish to pursue a lawsuit,” said Rochelle Rottenstein, principal of the Rottenstein Law Group.
The trial of In re: Loren Kransky and Sheryl Kransky v. DePuy, Inc., et al. (BC456086, Los Angeles Superior Court) began on Jan. 22. Among those who testified were DePuy employees and Kransky himself. Throughout the trial, Kransky’s attorneys asserted that the faulty design of the ASR had caused metal ions, created by friction between the ball and cup of the hip implant, to enter Kransky’s bloodstream, according to Bloomberg and a videostream via the Courtroom View Network. They also alleged that the device’s poor design made it extremely difficult for Kransky to walk without immense pain.**
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.**
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