The judge’s decision to uphold the verdict in favor of the Plaintiff is a reassuring victory for thousands of individuals who allege that the DePuy ASR hip implant has caused them injuries.
New York, New York (PRWEB) May 28, 2013
Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective medical devices, applauds the judge’s decision to uphold the jury verdict that concluded the first lawsuit of more than 10,000 to reach trial over DePuy’s recalled ASR metal-on-metal hip implants. As reported by MassDevice on May 27, 2013, California Judge J. Stephen Czuleger rejected DePuy's bid for a new trial and let the verdict stand; the jury, having decreed that DePuy’s all-metal implants were defectively designed, had awarded Plaintiff Loren Kransky $8.3 million, in the case of Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County (Los Angeles).
“The judge’s decision to uphold the verdict in favor of the Plaintiff is a reassuring victory for thousands of individuals who allege that the DePuy ASR hip implant has caused them injuries,” said Daniel C. Burke, Senior Litigation Counsel at Parker Waichman LLP. “The jury’s decision sent a clear message to Johnson & Johnson that it cannot get away with harming patients; the judge maintaining that verdict almost serves to underscore the message.”
Parker Waichman LLP continues to offer free legal advice to patients who have implants devices such as DePuy’ all-metal hip, and advises them to speak with their doctors if they experience symptoms such as:
- Difficulty walking, or a change in your ability to walk
- Metallosis, high levels of metal ions in the bloodstream
- Early failure, revision surgery
On March 8, 2013, Bloomberg reported that the jury’s verdict came on the sixth day of deliberations, ruling that DePuy Orthopaedics and parent company Johnson & Johnson were negligent with regards to Kransky’s ASR hip implant; the verdict included $338,136 for medical expenses and $8 million for pain and suffering. According to Bloomberg, David Vega, who was one of the jurors in the trial, said “I wanted punitive damages” because J&J was slow to correct problems with the recalled hip implant.
The Bloomberg article added that Johnson & Johnson recalled 93,000 ASR hips in 2010, citing a failure rate of 12 percent in five years. In Australia, failure rates have exceeded 40 percent in seven years, Bloomberg reported. Kransky’s lawsuit alleged that the defects of the metal-on-metal hip implant caused severe complications, including metal poisoning, that forced him to undergo revision surgery. During the trial, the Plaintiffs alleged that DePuy failed to properly test the hip replacement and that the company ignored complaints from surgeons who reported high failure rates prior to the recall.
The DePuy ASR and other metal-on-metal hip implants were approved without clinical testing for safety or efficacy due to the 510(k) approval route, which exempts devices from clinical testing as long as the manufacturers show that their product is similar to a previous device. The U.S. Food and Drug Administration (FDA) reported on Jan. 18, 2013, that it was attempting to change the 510(k) approval process; the agency has proposed that all-metal hip replacements go through premarket approval, which would require device makers to prove that their products are safe and effective.
Parker Waichman LLP continues to offer free legal consultations to victims of DePuy ASR and other metal-on-metal hip implant injuries. If you or a loved one experienced premature failure of your implant or other health problems associated with a recalled DePuy ASR Hip Implant or other metal-on-metal hip implant, please contact their office by visiting the firm's DePuy ASR hip implant injury page at yourlawyer.com. Free case evaluations are also available by calling 1 800 LAW INFO (1-800-529-4636).
Parker Waichman LLP
Gary Falkowitz, Managing Attorney