It will be interesting to see if (the first DePuy ASR trial) is a harbinger of future trial outcomes.
Chicago (PRWEB) March 18, 2013
The president of DePuy Orthopaedics asserted last week under questioning in the second DePuy ASR hip trial that the metal-on-metal hip implant was recalled because of a high rate of corrective surgery required in patients—and not because the device’s design was defective.* The Rottenstein Law Group, which represents clients in DePuy ASR lawsuits, is following the trial closely and notes that in a previous ASR hip recall trial in Los Angeles the jury awarded the plaintiff $8.34 million after finding the ASR’s design defective. The firm maintains an informational website on the recall and lawsuits as a result of the recall on http://www.depuyrecallnewscenter.com.
According to Bloomberg, Andrew Ekdahl, whose DePuy is a subsidiary of Johnson & Johnson, told the jury that the revision rate (corrective surgery rate) was “unacceptable” and that was the reason for the August 2010 recall. Carol Strum, 54, filed the lawsuit against Johnson & Johnson and DePuy (In Re DePuy ASR Hip Litigation, No. 10-L-10506, Cook County Circuit Court), alleging that the company failed to warn of the risks associated with the device’s defective design.
“In the first DePuy ASR trial, the jury found the device to be defective—even if they did not find that DePuy acted maliciously,” said Rochelle Rottenstein, principal of the Rottenstein Law Group. “It will be interesting to see if that is a harbinger of future trial outcomes.”
The Rottenstein Law Group encourages hip implant recipients to download an informational brochure from its website to learn more about the DePuy ASR. The website also has a page on lawsuits at http://www.depuyrecallnewscenter.com/lawsuits/.
The first trials in the federal multidistrict litigation (MDL-2197, U.S. District Court for the Northern District of Ohio) are set to begin later this year, according to the New York Times.** The Los Angeles trial, In re: Loren Kransky and Sheryl Kransky v. DePuy, Inc., et al. (BC456086, Los Angeles Superior Court), ended earlier this month.
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. (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
(212) 933-9500 (office phone)
(212) 933-9980 (facsimile)
rochelle (at) rotlaw (dot) com