There have been only two ASR trials, and the defendant's verdict in this one could very well turn out to be an aberration.
Chicago, Ill. (PRWEB) April 16, 2013
A jury in the second Depuy ASR trial in the nation found in favor of defendant DePuy Pharmaceuticals after a monthlong trial in Cook County Circuit Court in Illinois, according to court records (Strum v. DePuy (2011-L-009352, Cook County [Ill.] Circuit Court)). The Rottenstein Law Group, while disappointed by this verdict, notes that this trial could be an outlier and that plaintiffs could still be awarded millions of dollars in future DePuy ASR lawsuits. The firm maintains an informational website at http://www.depuyrecallnewscenter.com, which offers updates on the ASR and explains the process for filing an ASR lawsuit.
Strum, an Illinois nurse, had claimed that Johnson & Johnson subsidiary DePuy marketed its metal-on-metal DePuy ASR hip implant, despite knowing it had a defective design. Strum’s lawyer had said in closing arguments that Strum should be awarded $5 million, citing the pain and suffering she experienced after receiving the implant in 2008 and requiring revision surgery in 2011, according to Bloomberg.* The first ASR trial in the nation in Los Angeles saw the plaintiff receive more than an $8.3 million award for damages.
“It is unfortunate that the second jury to hear an ASR hip case did not find for the victim, as the first jury did, but those whose cases have yet to go to trial should not be discouraged,” said Rochelle Rottenstein, principal of the Rottenstein Law Group. “There have been only two ASR trials, and the defendant's verdict in this one could very well turn out to be an aberration. Only time will tell, but those who have been harmed should demand compensation for their injuries with no less zeal.”
As with the trial in Los Angeles (Kransky v. DePuy; BC456086, Los Angeles Superior Court), which was the nation’s first, the Chicago trial involves a state lawsuit. There are an additional 11,000 lawsuits pending against DePuy over the ASR across the nation in state and federal courts, according to Bloomberg. Analysts have said the lawsuits could cost Johnson & Johnson billions of dollars. DePuy voluntarily recalled the ASR in August 2010.
The first trials in the federal multidistrict litigation (MDL-2197, U.S. District Court for the Northern District of Ohio) are set to begin in May, according to the New York Times.**
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 and medications. (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
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rochelle (at) rotlaw (dot) com