You go in for surgery to fix a hip problem, and you come out with a bigger problem. That is what makes juries angry.
Tampa, FL (PRWEB) March 24, 2013
Consumer lawyer Kendall Almerico offered his analysis of the recent $8.3 million jury verdict in the first DePuy hip implant case to go to trial. Almerico commented on the California jury's decision that Johnson & Johnson's DePuy subsidiary defectively designed a metal-on-metal hip implant, the first of 10,750 lawsuits over the device to go to trial.
"The California jury saw through Johnson & Johnson and DePuy's claims that the product was safe," Almerico says. "This is why we have a jury system. Even the little guy can take on the billion dollar company when something needs to be corrected."
The Los Angeles jury returned a $8.3 million verdict to Loren Kransky, a Montana man who had been implanted with a DePuy ASR XL hip implant caused his injuries. The jurors ruled that DePuy defectively designed the product and that this defective design was the cause of Kransky's injuries.
"The jury found that Mr. Kransky suffered greatly due to the defective design and compensated him for having to go through a surgery to remove and replace the defective DePuy hip," Almerico noted. "In addition to these medical expenses, the jury compensated Mr. Kransky for the pain of going through such an operation."
Johnson & Johnson is the world’s largest seller of health-care products, according to Bloomberg News, and recalled 93,000 of the DePuy hip implants in August 2010, after 12 percent failed within five years of being implanted. In addition, Bloomberg reports that 44 percent of the DePuy hip implants in question failed in Australia within seven years.
"These DePuy hip implants are causing countless millions of dollars in revision surgery and other medical expenses, and untold millions more in other losses for patients who were unfortunate enough to have one of these implants," Almerico says. "You go in for surgery to fix a hip problem, and you come out with a bigger problem. That is what makes juries angry."
Almerico notes that the jury in this case did not award punitive damages, but that such a penalty could come in the upcoming lawsuits. "Johnson & Johnson and Depuy should start getting these cases settled," Almerico suggests. "They dodged a punitive damages bullet on this one, but some jury somewhere soon as not going to be so kind."
Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County (Los Angeles).