A jury recently ordered Johnson & Johnson, the parent company of DePuy Orthopedics, to pay more than $8.3 million in damages to a Montana man who was injured by one of DePuy’s hip implant systems – $338,000 for medical expenses and $8 million for pain and emotional suffering. This case was the first of more than 10,000 lawsuits pending against the medical device manufacturer to go to trial.
The plaintiff in the case – 65-year-old Loren Kransky – alleged that DePuy designed the ASR XL hip implant poorly and failed to adequately test it before introducing it into the market. As a result of its defective design, the metal-on-metal device caused metal debris to penetrate his bloodstream and damage surrounding tissues.
According to the New York Times, the jury did not award the plaintiff punitive damages, however, saying that DePuy did not act with fraud or malice. Nonetheless, a Johnson & Johnson designer told the jury that the DePuy ASR XL hip implant was taken off the market in 2010 due to safety concerns amidst reports that the DePuy ASR XL hip implant had a “higher than expected” failure rate. Moreover, as we recently reported, internal company documents of Johnson & Johnson revealed that an internal analysis conducted by the company in 2011 estimated that the all-metal hip implants would fail within five years in nearly 40 percent of patients who received it, but the company continued to downplay similar findings.
Metal-on-metal hip implants, like the ASR hip implants and the Stryker Rejuvenate, have been associated with significant risk of developing serious complications including tissue damage, device failure, bone and muscle deterioration, necrosis, hip and groin pain, inflammation, numbness, metallosis, or the buildup of metallic ions in the tissues of the body, dislocation of non-cemented implants, pseudotumors, and other medical problems. Some patients may require a subsequent corrective surgery to remove and replace the recalled hip replacement system.
A second trial against Johnson & Johnson is currently underway in Chicago, with other cases expected to proceed later this year. Thousands of individual cases have been consolidated into a Multi-District Litigation (MDL) pending in a Federal District Court in Ohio. A resolution of the MDL bellwether cases could provide a framework for settling the remainder of the cases and determining the appropriate damage awards to be issued to injured patients.
If you received one of the DePuy hip implants – either the ASR system or the Pinnacle implant – or a Stryker Rejuvenate hip implant, you should consult with an experienced attorney regarding possible rights to compensation for injuries you have suffered, including medical bills, lost wages, and pain and suffering.
The Chicago hip implant attorneys at Ankin Law Offices, LLC are dedicated to protecting the rights of victims who have suffered medical problems associated with the defective hip replacement implants. Contact the Chicago product liability lawyers at Ankin Law Offices, LLC at (312) 600-0000 to learn more about the Stryker hip implant, the DePuy ASR hip implant recall, or the Pinnacle hip implant.