Johnson and Johnson and these other manufacturers need to be sent a strong message that the risks that these hip implants are said to pose to their recipients are unacceptable.
Tampa, Florida (PRWEB) March 14, 2013
The attorneys at Morgan & Morgan are alerting hip implant recipients to reports that the first ASR XL hip implant lawsuit against Johnson & Johnson’s subsidiary DePuy Inc. has resulted in an $8.3 million jury verdict.* The firm, which continues to review claims on behalf of patients allegedly injured by metal-on-metal hips, expects this result to have a significant impact on the additional 10,750 lawsuits over the device.
After six days of deliberation, the jury awarded the plaintiff $338,136 for medical bills and $8 million for physical and emotional suffering, according to a March 8 Bloomberg article.
“In this case, the jury did not award punitive damages,” said Michael Goetz, head of Morgan & Morgan’s mass tort section. “I am encouraged, however, by reports that some jurors wanted to see punitive damages, which are awarded with the sole purpose of punishing the defendant and discouraging others from engaging in similar conduct. Johnson and Johnson and these other manufacturers need to be sent a strong message that the risks that these hip implants are said to pose to their recipients are unacceptable.”
In Kransky v. DePuy, the jury found that the DePuy ASR XL hip was defectively designed and caused the plaintiff to suffer multiple injuries following a December 2007 surgery, according to Bloomberg. In his testimony, the plaintiff claimed that he experienced constant pain, was unable to walk, and suffered from metal poisoning as a result of the hip implant. The plaintiff underwent surgery in February 2012 to have the now-recalled device removed, according to his attorneys. In 2010, DePuy recalled its ASR hip system after receiving data which indicated that more patients than expected required a revision surgery, according to a March 8 Thompson Reuters article.
Metal-on-metal hip implants have faced increasing scrutiny after reports surfaced the devices fail more often than traditional implants which utilize a ceramic or metal ball and a plastic socket. According to an FDA safety communication issued Jan. 17, 2013, all artificial implants carry risks, including wear of the component material, but metal-on-metal hip replacements “have unique risks in addition to the general risks of all hip implants.” The metal ball and metal cup of these hip replacements can rub against each other during movement, allowing tiny metal particles to wear off the device. The release of metal particles can cause bone or soft tissue damage, which may result in pain, device failure, implant loosening or the need for revision surgery, according to the FDA. Furthermore, some patients who experience wear of the metal components may develop symptoms or illnesses due to the presence of metal ions in the bloodstream, the announcement stated.
As concerns over metal-on-metal hip implants continue to grow, the attorneys at Morgan & Morgan would like to remind hip implant recipients that there is only a certain amount of time to file a claim for their injuries. Patients who have been implanted with a recalled DePuy hip or any other metal-on-metal hip replacement are encouraged to visit Morgan and Morgan’s website at http://www.forthepeople.com and fill out the free case review form for more information on their potential legal rights.
About Morgan & Morgan
Morgan & Morgan is one of the largest exclusively plaintiffs’ law firms in the country with 15 offices throughout Florida, Georgia, Mississippi, Tennessee, and New York. The firm handles cases nationally involving personal injury, medical malpractice, consumer class action, and securities fraud, as well as complex litigation against drug and medical device manufacturers. Visit Morgan & Morgan online at http://www.forthepeople.com/ for a free case evaluation and information about your legal rights.
- Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County (Los Angeles)