On March 8, 2013, a Los Angeles, California jury awarded $8.3 million to a 65-year-old plaintiff who had received an ASR XL hip implant manufactured by DePuy Orthopaedics (“DePuy”), a subsidiary of Johnson & Johnson, finding that the hip implant was defectively designed and caused the plaintiff’s metal poisoning (elevated levels of cobalt and chromium in his blood) due to metal particles from the implant shedding from the implant.
The plaintiff had his ASR XL hip implanted in December 2007 and removed in February 2012. The ASR XL hip implant, which is an all-metal ball-and-socket hip implant that was manufactured by DePuy until 2009 and was implanted in over 900,000 patients worldwide over an eight year period (up to 500,000 people in the U.S. have received metal-on-metal hip replacements), was recalled two years ago after it was reported that one in eight patients needed to have their hip implants prematurely replaced within five years (hip implants should last between 10 and 20 years).
The jury deliberated for almost six days before it awarded the plaintiff $338,136 for medical expenses and $8 million for physical pain and emotional suffering. The Los Angeles jury declined to find that DePuy failed to adequately warn the plaintiff of the risks associated with the ASR XL hip implant. The jury found that DePuy did not act with malice (the jury could not hold DePuy responsible for punitive damages if it did not act with malice).
DePuy has indicated its intention to appeal the jury’s verdict. DePuy had denied the plaintiff’s claims and argued to the jury that the plaintiff’s pre-existing medical conditions (including diabetes, cancer, kidney disease, heart disease, and vascular disease) were the cause of his injuries and that the hip implant did not contribute to his medical condition. DePuy further argued that the ASR XL hip implant was properly designed, that its actions with regard to the recall were appropriate, and DePuy denied that it knew in 2008 about the problems with the hip implant, as alleged by the plaintiff.
The case was captioned Kransky v. DePuy, CVase No. BC456086, filed in the California Superior Court, Los Angeles County (Los Angeles).
Source: The Daily Record, March 11, 2013.
There are almost 11,000 pending cases involving the ASR XL hip implant, including one that was scheduled to begin on March 11, 2013 in Illinois state court and two federal multi district litigation cases set for trial in May and July in Ohio, for which Johnson & Johnson has set aside approximately $1 billion for the costs involving the recall and the lawsuits that have been filed involving the implant.
If you or a loved one had hip implant surgery or had another implant that was defective, an implant that may have been negligently implanted, had to have revision surgery sooner than you anticipated, or you otherwise had a bad result, you may be entitled to compensation for your injuries and losses.
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