Flood Law Group Comments on the $8.3 Million Award in the First of Thousands of DePuy ASR Lawsuits against Johnson & Johnson

The first of nearly 11,000 lawsuits against Johnson & Johnson for the DePuy ASR XL hip implant may set the pace for future settlements.

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The jury found that the DePuy ASR’s defective design caused the plaintiff to suffer metal poisoning and other health problems.

(PRWEB) March 14, 2013

A Los Angeles jury awarded a Montana man with $8.3 million on Friday in the first of thousands of lawsuits involving Johnson & Johnson’s DePuy ASR XL hip replacement system, according to The New York Times in its article covering the trial.*

According to an article by ABC News, the jury found that the DePuy ASR’s defective design caused the plaintiff to suffer metal poisoning and other health problems.**

According to the Flood Law Group, the hip implant lawsuit is significant because it is the first of thousands of lawsuits with similar allegations.

“An internal Johnson & Johnson document introduced at the Los Angeles trial estimated that close to 40 percent of patients who received an A.S.R. will need to undergo a second operation within five years of the first to have the implant removed and replaced,” The New York Times reported in its article. “In a recent filing with the Securities and Exchange Commission, Johnson & Johnson said that there are 10,750 A.S.R. lawsuits.”

According to the Flood Law Group, the DePuy ASR XL hip implant was recalled due to problems with its design. Among the problems with the implant is that all the parts are made of metal. As they rub against each other, the friction causes tiny pieces of metal to shed from the implant into patients’ bodies. This can result in metal poisoning as well as severe tissue and organ damage.

According to The New York Times article, internal documents that were introduced during the trial indicated that Johnson & Johnson was told by surgeons that there were problems with the DePuy ASR’s design and that some surgeons went as far as asking the company to slow sales of the product or stop them completely before the recall.

The plaintiff, Loren Kransky, was awarded $338,000 to cover his medical bills and $8 million for his pain and emotional suffering, according to the article. The jury did not find that Johnson & Johnson acted in malice, however, and did not award the plaintiff punitive damages.

Sources:
*http://www.nytimes.com/2013/03/09/business/johnson-johnson-must-pay-in-first-hip-implant-case.html?_r=0
**http://abcnews.go.com/Health/wireStory/damages-awarded-jjs-depuy-hip-implant-case-18686506