A Los Angeles Jury has awarded $8.3M in damages to a man for injuries he suffered because of his defective hip implant. In awarding damages, the jury found that Johnson & Johnson was negligent in manufacturing and design of the DePuy ASR XL Acetabular and Hip Resurfacing Systems.
Loren Kransky, a retired prison guard, filed suit against Johnson & Johnson’s orthopedic arm, DePuy, claiming that he suffered metal poisoning due and other complications to the defective design of the metal-on-metal hip implant he was fitted with.
Approximately 10,000 lawsuits have been filed across the country against the DePuy claiming that the company did not thoroughly test the ASR XL Acetabular and Hip Resurfacing Systems and then failed to pull the device from the market even though reports of a higher than normal failure rate were reported. According to trial testimony, one Australian study showed that the ASR had a 44% failure rate within seven years.
Kransky’s lawsuit was the first lawsuit to go to trial.
The jury awarded Kransky $338,136 for medical costs and $8 million for pain and suffering. In finding for the plaintiff, the LA jury did not award punitive damages.
The jurors in Kransky’s case deliberated for six days. Several of the jurors were in favor of punitive damages according to the Los Angeles Times.
The DePuy metal-on-metal hip implant design was supposed to be a revolution for patients, promising that the implant would allow patients to be more active while lasting longer. The device was approved under the Food and Drug Administration 510 rule which allowed the device to come to the marketplace without undergoing clinical trials.
Patients and doctors had lodged more than 400 complaints about the device by 2008 but the company continued to sell the product in the U.S. until 2010 even though it was banned in the UK, Australia and Sweden.
Complaints about the device ranged from fractures and dislocations to tissue death and metallosis. Metallosis, or metal poisoning, is one of the most worrisome side effect and is caused when metal ions of Cobalt and Chromium are shed by the metal-on-metal design for the implant. The metal can build up in the body’s soft tissues or can get released into the patient’s blood stream.
A patient’s body can have an immune reaction to the metal ions and the tissues can become inflamed, causing pain. Some studies suggest that the metal ions can cause pseudo-tumors, premature tissue death, bone resorption, heart problems and cancer.
Legal Representation for Faulty Medical Devices
The Farber Law Group, a Bellevue personal injury law firm, has been at the forefront of learning about and representing patients who were fitted with the recalled DePuy hip implant. Herbert Farber, himself a hip implant patient, provides local representation for patients throughout Washington, Oregon and the Pacific Northwest while partnering with a top New York law firm. He provides personal representation while at the same time connecting with the leading experts.
If you or a loved one was fitted with a defective medical device, you should seek counsel even if you are asymptomatic to insure that your legal rights are protected.
Contact us today for a free and confidential case evaluation. Call us TOLL FREE at 1-800-244-9087 or use our Contact Form after hours.