DePuy ASR Lawsuit Update: Parker Waichman LLP Weighs In on Closing Argument of DePuy ASR Trial

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Attorneys for Plaintiff Carol Strum have asked jurors to award the former nurse at least $5 million for the damage allegedly caused by her DePuy ASR hip implant, Bloomberg reports. Carol Strum’s lawsuit is the second of over 10,000 to go to trial over the recalled metal-on-metal hip implant.

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“Jurors have a chance to send a clear message to DePuy and Johnson & Johnson that they cannot get away with designing an allegedly defective device,” said Daniel C. Burke, Senior Litigation Counsel at Parker Waichman LLP.

Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective medical devices, is commenting on the closing arguments in the second DePuy ASR trial in Chicago Strum v. DePuy, 2011-L-9352, Circuit Court of Cook County (Chicago). Bloomberg reported on April 15, 2013, that attorneys for Plaintiff Carol Strum told jurors that DePuy and parent company Johnson & Johnson defectively designed the metal-on-metal hip implant. Plaintiff’s attorneys argued that the jury should award Strum at least $5 million for the injuries allegedly caused by the recalled hip device. Jurors were also told to award punitive damages.

“Jurors have a chance to send a clear message to DePuy and Johnson & Johnson that they cannot get away with designing an allegedly defective device,” said Daniel C. Burke, Senior Litigation Counsel at Parker Waichman LLP. “This recall affected 93,000 people around the world implanted with the ASR; this might have been prevented if the manufacturer had taken greater precautions to ensure the safety of their device.” Mr. Burke said that the alleged flaws of the DePuy ASR are a prime example of why metal-on-metal hip implants are dangerous as a class of medical devices.

Parker Waichman LLP has continued to offer free legal advice to patients implanted with such devices, and advises patients to speak with their doctors if they experience any symptoms of complications, such as:

  •     Metallosis, high levels of metal ions in the bloodstream
  •     Early failure, need for revision surgery
  •     Pain
  •     Swelling
  •     Difficulty walking, or a change in your ability to walk

In 2010, Johnson & Johnson and its subsidiary, DePuy, recalled 93,000 ASR hip implants due to a high rate of revision. At the time, the company said the device failed in 13 percent of patients within five years. Data from an Australian registry indicates that the hips fail more than 40 percent of the time within seven years, noted Bloomberg.

Like thousands of other cases filed over the DePuy ASR, Strum’s lawsuit alleges that the ASR’s defective metal-on-metal design shed a toxic amount of chromium and cobalt debris into her bloodstream and surrounding tissue, leading to complications and an early revision surgery. She underwent revision surgery just three years after being implanted with the ASR XL in January 2008, according to Bloomberg. Her attorneys have pointed to blackened tissue and a sharp increase in the levels of metal ions in her bloodstream as evidence that the all-metal hip implant released metal debris. Allegedly, DePuy knew the ASR was problematic as early as 2007 but failed to warn consumers.

Carol Strum’s lawsuit is the second to go to trial, Bloomberg notes. The first DePuy ASR trial ended in an $8.3 million verdict in favor of the Plaintiff (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County (Los Angeles)). Jurors in Los Angeles ruled that the hip was defective and that Johnson & Johnson was negligent with regards to the implant. Punitive damages were not awarded in the first trial, something that Strum’s attorneys hope to change.

Parker Waichman LLP continues to offer free legal consultations to victims of the 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 Free case evaluations are also available by calling 1 800 LAW INFO (1-800-529-4636).

Parker Waichman LLP
Gary Falkowitz, Managing Attorney
(800) LAW-INFO
(800) 529-4636

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