Last week the jury in the first DePuy ASR case to go to trial returned a massive $8.3 million verdict to the former prison guard who accused Johnson & Johnsons’ subsidiary of knowingly marketing a faulty hip implant device. Specifically, the jury awarded $338,00 to cover the man’s medical expenses and another $8 million for pain and suffering.
What Did The Jury Find?
The jury found that the DePuy ASR all-metal hip implant was responsible for a host of medical problems suffered by Loren Kransky, the 65-year-old who filed suit against J&J. The man received his implant back in 2007 and suffered from crippling pain and metal poisoning before finally he finally had extensive revision surgeries. Kransky’s attorneys put forward evidence showing that the ASR implant’s design caused the cup and ball of the artificial hip to rub against each other as patients moved, resulting in the shedding of metallic debris. The metal shavings then went on to inflame and damage surrounding tissue and bone, causing serious pain to Kransky and permanent damage to other, less fortunate patients.
No Punitive Damages
Though the jury agreed that DePuy’s device was responsible for the damage Kransky suffered, they did not find that the company acted with malice. The decision means that Kransky will not be able to collect any punitive damages. Though J&J set aside upwards of $1 billion to finance the costs of the DePuy metal hip implant litigation, experts say the recent verdict means the hip debacle will prove a costly one for the medical device company.
Over 10,000 Lawsuits To Come
That’s because Kransky’s case is one of an estimated 10,000 lawsuits already filed against the company since a worldwide recall was announced in mid-2010 that resulted in the recall of nearly 100,000 devices. Studies presented during the trial estimated that of all the implants sold, an estimated 40% of the patients who received the all-metal ASR implant will need to undergo a second operation within five years to have the implant removed.
DePuy’s Reaction To The Verdict
In a statement, the company described the verdict as “mixed” and said that it fully intends to appeal the damage award. It also said it disputes the jury’s conclusion that the ASR was defectively designed.
Get A Free Case Evaluation
For the 500,000 Americans and more than 1,000,000 people around the world with metal hip implants, the verdict in the Kransky case represents a clear victory against a company that has caused harm to thousands of consumers.
If you or someone you know have been injured by a defective product and you would like to discuss your case with an attorney, please contact Pope McGlamry today to schedule a free consultation.
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