First DePuy ASR Trial Verdict Awards $8.3M to Plaintiff Implanted with Recalled Metal-on-Metal Hip

0
72

First DePuy ASR Trial Verdict Awards $8.3M to Plaintiff Implanted with Recalled Metal-on-Metal HipOverview: Jurors in Los Angeles state court awarded $8.3 million to Loren Kransky in a case over Johnson & Johnson’s recalled DePuy ASR hip implant. Kransky’s lawsuit was one of thousands to allege that the defects of the DePuy ASR hip implant caused severe complications leading to revision surgery. His case was the first to go to trial; the jury’s verdict has important implications for the 10,000 other lawsuits pending in state and federal court.

  • Jurors have awarded $8.3M to Loren Kransky in a case over his DePuy ASR hip implant
  • J&J recalled the metal hip replacement in 2010 due to a high failure rate; there are over 10,000 lawsuits alleging injuries from the ASR
  • Throughout the trial, Kransky’s attorneys alleged the J&J failed to test the implant and ignored safety concerns from surgeons

Product: DePuy ASR Hip Implant

Manufacturer: DePuy Orthopaedics/ Johnson & Johnson

Side Effects & Complications

  • High failure rate
  • Necrosis (tissue death)
  • Increased levels of cobalt and chromium ions
  • Pain at the implant, sometimes spreading to the groin and back
  • Osteolysis (bone loss)
  • Fluid collections/solid masses around the hip joint

J&J Negligent, Jury Rules

The jury ruled that Johnson & Johnson was negligent with regards to the DePuy ASR hip implant, and awarded  $338,136 for medical expenses and $8 million for pain and suffering to Plaintiff Loren Kransky, whose lawsuit was the first of 10,750 to go to trial. Kransky and thousands of other alleged that the defects of the recalled metal-on-metal hip implant caused injuries, including metal poisoning, that ultimately forced him to undergo revision surgery. His lawyers argued that J&J ignored mounting safety concerns from surgeons and failed to properly test the implant for selling it. One jurors, David Vega, told Bloomberg “I wanted punitive damages” because J&J was slow to act once they found out the hip implant was having issues.

DePuy ASR Background

Johnson & Johnson recalled 93,000 ASR hips in 2010, citing a failure rate of 12 percent in five years. In Australia, failure rates have exceeded 40 percent in seven years. Lawsuits allege that the implant is defective because the design forces metal to rub against metal, causing the release of cobalt and chromium ions into the body. This problem now appears to be a concern with all types of metal-on-metal hip implants. The DePuy ASR an’d other all-metal hip replacements were approved without clinical testing due to a regulatory loophole from the 1970s. In light of mounting safety concerns, the U.S. Food and Drug Administration (FDA) is attempting to change this by proposing stricter regulations for approval.