DePuy Hip Recall News

DePuy Hip Recall Information

$8.3 Million DePuy ASR XL Hip Replacement Verdict-5 Things You Need to Know

DePuy Hip Replacement

From Bloomberg News:

Johnson & Johnson (JNJ)’s DePuy unit defectively designed a metal-on-metal hip implant and was negligent, a California jury decided in the first of 10,750 lawsuits over the DePuy ASR XL hip Replacement to go to trial.

The Los Angeles jury awarded $8.3 million in compensatory damages to Loren “Bill” Kransky, a retired prison guard from Montana, after finding that the design of the DePuy ASR XL Hip Replacement caused his injuries. Jurors also found DePuy properly warned of the risks and didn’t owe punitive damages to punish the company.

Important points from the verdict, for both recipients of DePuy ASR XL hip replacements, and recipients of metal-on-metal hip replacements in general, are as follows:

 

  • Although the jury did not award punitive damages against Johnson & Johnson, despite evidence that DePuy failed to test the device adequately before selling it in the U.S. in 2005, buried surgeon complaints of mounting failures, and studied a redesign of the ASR before scrapping that effort in 2008, the jury did award Mr. Kransky $338,136 for medical expenses and $8 million for his pain and suffering.
  •  According to Bloomberg, attorneys representing plaintiffs in DePuy ASR XL Hip Replacement cases believe they have a good chance of obtaining punitive damages awards against DePuy in subsequent trials.  In Mr. Kransky’s case, the jury was asked to award $179 million in punitive damages, and at least one juror was in favor of awarding punitive damages.
  • In reaching its verdict, the jury found that the ASR XL was defectively designed.  In many states, including Arkansas, a defectively designed product makes the manufacturer of that product strictly liable for any damages caused by that product.
  • The jury awarded damages to Mr. Kransky despite evidence, and arguments from lawyers for DePuy, that the health problems he attributed to his defective replacement hip were the result of “diabetes, cancer, kidney disease, heart disease, vascular disease and his many other health problems.”
  • The Bloomberg article quotes University of Michigan business professor Erik Gordon as stating that the verdict will set a starting price for settlement discussions for other recipients of DePuy ASR XL Hip Replacements and, presumably, other metal-on-metal replacement hips, as well.

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There are 6 comments .

Katherine Klein Wilber —

It all well and good to talk of large settlements some where in the future. What about support until the settlement? My defective ASR XL was placed in 2009 I went back to work 2010 as an ICU nurse, within 8 months I was having trouble with my hip- pain, swelling, decreased mobility and rashes. The defective hip was replaced in 2011 and it was then discovered I was allergic to metal shavings and a good portion of my soft tissue and some muscle was necrotic and had to be removed. Back to PT, back to work in 3 months again. Within 6 months I am in the ER septic from an abscess which formed on my hip prostheses. 6 surgeries later, rehab, PT, and back to work light duty for 6 months. Now out of “light duty” work days and am on leave without pay. So frustrated -sorry for whinning. Any suggestions?

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    greg —

    I can sympathise with you, I had a depuy ASR put in 7 yrs. ago, pain & free movement, shifting & clicking-like sounds from it. I had rev. surgery last summer but, like you I had muscle & soft tissue damage, that had to be removed. Good luck. I’m not looking for $100 million, just a fair amount like $1 or 2 million,… after lawyer fees, maybe.

    Reply »
      Anthony Johnson —

      Greg- Have you retained an attorney for your case? If so, great. If not, let us know if you’d like someone to reach out.

      Reply »
Billy David Lane —

Had one medal to medal hip put in in 1988, got Pumernary Embelemce thought I was going to die.Had constant pain sence with it . The right hip I put off because of the blood clock had it done in Aug 2006 . med to med (Smith & Nephew)It seemed to do good for about 6+ months or so ad started giving a lot of trouble Constant pain and Groin pain , feels like what I used to call stone ache. Constant hurts , both of them. I also have big reds sores come up on my body with yellow puss in them every sence I haad the surgery.. ProvbAlly waited too long to file a law suit. I am very much depending on Va and ss for a living. If any one can tell me different I would appreciate it. thanks Bill

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sharon —

I can sympathise with any one going threw a bad hip replacement my husband had his put in in 2011 and suffer all the time he has had two surgeries following his replacement… all we can hope for is that medical technoiogy changes often and they can come up with hope for everyone suffering with this hip .

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