First DePuy ASR Verdict Reached: California Jury Awards $8.3 million to Plaintiff

Breaking News:  Johnson & Johnson and DePuy have been found liable for over $8 million dollars in damages stemming from the recalled ASR hip implant on March 8, 2013.  The case, Kransky v. DePuy, was tried to verdict in Los Angeles Superior Court after a 6 week trial that began in January.   More to come… […]

Breaking News:  Johnson & Johnson and DePuy have been found liable for over $8 million dollars in damages stemming from the recalled ASR hip implant on March 8, 2013.  The case, Kransky v. DePuy, was tried to verdict in Los Angeles Superior Court after a 6 week trial that began in January.   More to come…

**Update**

Johnson & Johnson recalled over 90,000 ASR hip implants in mid-2010.  At the time, it said 12 percent were expected to fail within 5 years.  Critics said that estimate is very low:  Last year, over 40 percent of the ASR models failed in Australia within seven years.   The ASR litigation is expected to cost Johnson & Johnson billions of dollars to resolve.

There are more than 10,000 similar lawsuits pending in U.S. state and federal courts.  Plaintiffs say they suffered dislocations, pain, and extra follow-up surgeries (“revision surgeries”).  DePuy bypassed extensive testing of metal on metal model to bring the profitable prosthetic system to market sooner.  Mr. Kransky’s lawyers argued at trial that DePuy failed to test the device adequately before bringing it to market in the United States in 2005.  Further allegations include hiding or dismissing surgeon complaints of problems and mounting failures.

One juror, David Vega, said after the verdict that “I wanted punitive damages” based on the evidence that DePuy found the problem and took so long to resolve it, but the jury did not agree on such damages.  The jury’s verdict consisted of $338,136 in damages for medical expenses plus $8 million for physical pain and emotional suffering.

Johnson & Johnson claims the ASR model isn’t defective and the company adequately warned doctors of the risk of injury.  They stated that their actions were “appropriate and responsible”, and they are likely to appeal the California jury’s decision.

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