A jury in California on Mar. 8 ordered DePuy Orthopaedics to pay over $8.3
million to a man who says the Johnson & Johnson subsidiary knowingly
made and marketed a faulty hip replacement device.
Ohio DePuy hip implant lawyers at Rourke and Blumenthal have been closely monitoring the trial of the
first DePuy hip implant case since it began in late January in a Los Angeles
superior court. The plaintiff is a Montana man, 65 year old Loren Kransky
whose case was selected because he is suffering from terminal cancer.
Mr. Kransky's lawyers contend that hip manufacturer, DePuy Orthopaedics,
a division of Johnson & Johnson, designed the hip defectively, failed
to adequately test it, and failed to warn doctors and the public of its
dangers. The lawyers say that Kransky's DePuy hip implant released
metal debris that damaged his tissues and entered his blood stream. DePuy
lawyers blame Kransky's health problems on his cancer and other medical
According to the N.Y. Times, Kransky's lawyers introduced documents during opening statements
showing that DePuy executives knew that the ASR hip replacement had a
design flaw years before they recalled the implant in 2010. Even before
the implant was first marketed in the U.S., DePuy Orthopaedics had received
complaints from doctors about the implant. In addition, the ASR implant
failed a performance test performed by company engineers in 2007. The
ASR implant wore out more quickly than a competing implant because of
a design flaw in the cup component-a groove that limits the area inside
the cup in which the ball can turn as the leg is moved. As a result, the
ball tended to hit the edge of the cup wearing it out and releasing metal
debris that can cause serious tissue damage and metal poisoning.
Company executives began to consider how to redesign the cup, but continued
to actively market the device. According to one internal email, the company
opted to "manage perceptions" in the short term, rather than
inform doctors about the test results or recall the device.
On the sixth day of deliberations, the California jury returned the first
verdict in the DePuy ASR hip implant recall litigation. Jurors were critical
of DePuy for leaving the product on the market for years after DePuy knew
that the ASR was demonstrating an unacceptably high failure rate and they
found DePuy ASR was a defective product. The $8.3 million dollar verdict
awarded to Kransky included $338,136 in damages for medical expenses and
$8 million for physical pain and suffering. Although the jury did not
award punitive damages, lawyers representing the former prison guard hailed
This verdict is encouraging for all of the other DePuy ASR implant patients
with lawsuits pending because it sets the bar high for future jury awards
against Johnson & Johnson. A healthier plaintiff may even have an
easier time convincing the jury that the implant caused serious injuries.
"This is a victory for Mr. Kransky and thousands of other badly damaged
ASR patients who have yet to get their day in court,"
Brian Panish, one of Kransky’s lawyers, said in a statement. "Jurors across
the country will return similar verdicts until J&J takes full responsibility."
Ohio DePuy Hip Replacement Attorneys
There are approximately 10,000 lawsuits regarding defective hip implants
currently pending in state and federal court against DePuy Orthopaedics
and Johnson & Johnson. About 7,000 have been consolidated in federal
court in Ohio. The
Ohio DePuy hip implant lawyers at
Rourke and Blumenthal are representing several plaintiffs injured by this device. To speak with
one of our experienced hip implant attorneys, call (614) 321-3212. At
Rourke & Blumenthal, an attorney will return your call within 24 hours.
You will not be diverted to support staff. For more information please see our
DePuy ASR Hip Replacement page.