March 25, 2013 – That’s the conclusion of the USA Today Editorial Board following its analysis of the recently concluded Los Angeles Kransky v DePuy trial in which a jury found the device manufacturer negligent to the tune of $8.3 million in compensatory damages awarded to a retired Montana prison guard who sued DePuy over complications arising from a failed metal-on-metal hip replacement.
The Kransky case, the first trial in the nation of approximately 10,000 lawsuits filed, is noteworthy for the higher than demanded compensatory value awarded and the finding that insufficient evidence existed to warrant punitive damages.
The latter may change in future cases if USA Today‘s analysis is any indication.
The widely circulated daily newspaper contrasts DePuy’s slow response in recalling the defective ASR hip device from market once problems became known to Johnson & Johnson’s prompt response to the Tylenol cyanide poisoning cases nearly three decades earlier.
Johnson & Johnson is the parent company of DePuy Orthopaedics who manufactured the recalled devices.
The nation’s second defective DePuy hip lawsuit began in the Circuit Court of Cook County, Illinois just two weeks ago.
As all these case move forward, our firm remains committed to assisting those who have been adversely impacted. We have established a companion website, ASRHipSettlement,com, to help clients familiarize themselves with the benefits of resolving their disputes with DePuy by choosing a structured settlement.
We continue to monitor the DePuy litigation closely.
March 8, 2013 – Jury deliberations have ended in the trial of Kransky v DePuy, the first lawsuit to go to trial in the United States for defective design of the recalled ASR metal-on-metal artificial hip manufactured by DePuy Orthopaedics, a division of Johnson & Johnson.
The verdict? Guilty of negligence.
While the jury awarded the plaintiff, Loren “Bill” Kransky, $8.3 million (57% higher than demanded in closing arguments) in compensatory damages, they failed to attribute any punitive damages to the verdict according to Bloomberg.
Plaintiff attorneys had sought up to $179 million in punitive damages.
It remains to be seen what impact this verdict will have on the remaining 10,000+ cases awaiting trial but we will continue to watch this litigation closely.
Johnson & Johnson lawyers plan to appeal the jury’s verdict.
January 31, 2013 – As the nation’s first trial alleging defective design among other causes of action against DePuy Orthopaedics regarding the recalled Articular Surface Replacement (ASR) artificial hip implant device moves forward in Los Angeles, some headlines are painting a bleak picture for the Johnson & Johnson subsidiary.
Today’s New York Times features a headline that points out J&J’s own internal review inadequacies when it set out to assess the device’s potential risks before it was used on more than 90,000 patients.
Our firm continues to monitor Kransky v DePuy et al because of the impact it may have on the more than 10,000 other lawsuits currently pending in courts across the country. As a bellwether case, it is likely to have meaningful bearing on future settlement talks.
To read why our firm feels so personally connected to this particular litigation and to learn about the structured settlement option potentially available to the plaintiffs, visit our dedicated website to learn more at . . .
Our firm will continue to monitor this case with great interest.
January 22, 2013 – The first trial in the nation involving the recalled ASR artificial hip implant devices, manufactured by DePuy Orthopaedics, is scheduled to begin this week in a California court room according to today’s Wall Street Journal.
Tomorrow’s Washington Post includes some interesting details about the pre-trial expert testimony on the case styled Kransky v. DePuy.
To learn more about the structured settlement option that could be available to plaintiffs depending on the outcome of the trial, please visit a special website we created to help potential clients understand this excellent settlement option. Here you’ll learn more about why we feel so strongly about this matter:
For further information or for a personal consultation, please contact us so we can help you make an informed decision about your future.
We will continue to monitor this and all DePuy lawsuits with great interest.
January 10, 2012 – The lawsuit against artificial hip manufacturer DePuy Orthopaedics (Moira Jackson v. DePuy Orthopaedics) scheduled for trial in Prince George’s County, Maryland this past week ended when the plaintiff dropped her lawsuit just after jury selection was concluded according to Bloomberg.
According to some web reports which have yet to be confirmed, she may refile to pursue remedy in federal court.
Later this month, a California lawsuit is expected to commence trial pending the results of a defense motion for summary judgment, filed last November, scheduled to be heard tomorrow.
Plaintiffs who may be anticipating settlements stemming from the DePuy litigation are encouraged to familiarize themselves with the concept structured settlements as an option for receiving any compensation they may be entitled to.
For further information, please visit:
We welcome the opportunity to be of service and urge all clients pursuing legal remedy to educate themselves on the income tax-free benefits of structured settlements for their injury claims.
January 4, 2013 – According to various sources, the first state trial in the United States involving the much maligned DePuy ASR artificial hip is scheduled to go out on Monday, January 7, 2013 in Prince George County, Maryland.
While industry insiders will be watching this state trial with great interest, more interest will likely be paid to the first federal trials stemming from the lawsuits consolidated in the Ohio multidistrict litigation against DePuy directly.
Two trials are tentatively scheduled for May 6, 2013 and July 8, 2013.
Those involved in any litigation stemming from the DePuy ASR litigation are invited to visit our firm’s companion site, ASRHipSettlement.com, to learn more about how they may benefit from choosing a structured settlement for all or part of any post-settlement proceeds they may be awarded.
Bloomberg: Nevada Claims Settling for About $200,000 Apiece
August 21, 2012 – Early this morning, reports surfaced citing unnamed sources about Johnson & Johnson’s agreement to resolve three DePuy artificial hip lawsuits. If confirmed, these will be the first known DePuy settlements to occur.
This news comes less than a week shy of the two-year anniversary of the voluntary worldwide recall of certain artificial hips manufactured by DePuy Orthopedics, a division of Johnson & Johnson.
Allegations of elevated chromium in patients’ blood, exceedingly high implant failure rates and intense pain and suffering are among the charges levied against the defendants.
For an excellent summary of the History of the DePuy ASR Case from the law firm that filed the first product liability lawsuit in the country against DePuy, we highly recommend following the posts from noted San Francisco personal injury law firm Walkup, Melodia, Kelly & Schoenberger.
For more information on how some of the more than 8,000 plaintiffs involved in various lawsuits around the globe are expected to resolve their anticipated settlements against J&J, visit ASRHipSettlement.com to see how structured settlements can help them.
While there, we invite you to watch a video on our firm’s YouTube Channel, currently viewed by over 2,900 people, to understand why this litigation is so personal at our firm and why we care.
We continue to monitor developments on this matter closely. Please contact us if there’s anything we can do to help you.
This, according to Motley Fool contributor Sarah E. Wright in her column today entitled “4 Stocks Proving That Regulation Matters.”
Ms. Wright goes on to describe the 501(k) process which enables medical device manufacturers like DePuy to win approval for new products by simply claiming they are not materially different from existing approved devices.
As a result of the plethora of problems stemming from devices not properly tested, Congress has initiated work on a national surveillance strategy in an effort to protect consumers from defective products.
According to Forbes, the costs of claims associated with faulty hips like those produced by DePuy and other manufacturers is expected to top $5.0 billion.
Clients who are involved in the DePuy hip recall claim process are encouraged to visit our dedicated website, ASRHipSettlement.com, to understand how they may be able to benefit from a structured settlement should their claim against DePuy result in any monetary compensation.
April 10, 2012 – Sometimes, you just need to let the headline do the talking. Case in point from today’s International Edition of Scandinavia’s largest subscription-based newspaper, Helsingin Sanomat:
To view a short video about one particular “Finn” who underwent bilateral hip replacement surgery and understands, go to:
If you think you will receive compensation for injuries stemming from a faulty implant device, you are wise to educate yourself about the benefits of structured settlements well in advance of finalizing any settlement.
Please call to let us know how we can help you. We look forward to helping you secure a portion of your financial future.
Recalled DePuy ASR hips among devices untested
March 29, 2012 – In its upcoming May edition, Consumer Reports presents the results of its investigation which calls into question the current process of medical device regulation that their advocacy wing, Consumers Union, believes fails to “protect patients from harm.”
Entitled “CR Investigates: Dangerous medical devices,” CR sheds light on the process involved in bringing medical devices to market in the United States.
For those specifically interested in the now-recalled DePuy ASR artificial hip implants, the report features compelling testimony from an orthopedic surgeon who personally suffered from the ill-effects of the DePuy ASR hip implant device. Stephen Tower, MD was “injured by the same artificial hip he implanted in patients.”
A number of lawsuits have unfolded as a result of allegations that the DePuy ASR hip implant devices were defective. Litigation is ongoing and our firm remains committed to following this matter closely as it progresses.
Patients who may eventually be anticipating negotiated settlements stemming from their lawsuits are encouraged to familiarize themselves with the advantages of settling with a structured settlement. To watch a brief video on the topic, please visit our firm’s sister site at:
Call us for additional information about the advantages of settling your lawsuit with a structured settlement. Our free consultations are designed to help you make an informed choice about your financial future.