Monday, April 8, 2013

A California Judge Reduced the DePuy ASR Hip Recall Judgment to Just over Eight Million Dollars

Torrance, CA -- (SBWIRE) -- 04/08/2013 -- In the final judgment of the first lawsuit in the DePuy ASR hip recall lawsuit, plaintiff Loren Kransky was awarded $8,260,790.85, primarily by the jury. Initially, Kransky and attorney Doug Saeltzer filed in excess of three hundred million in negligence and damages. Ultimately, the jury awarded Kransky the eight million in non-economic damages to Kransky, a former prison guard. While Kransky was awarded the eight million for his pain and suffering, Judge J. Stephen Czuleger issued a statement on March 22 that the both parties agreed the initial $338,136.12 awarded for medical expenses should be reduced under Montana law to account for amounts payable by a collateral source. While this does represent a significant differential between the amounts Kransky filed suit for, and the amount reward, Saeltzer says this verdict bodes well for future DePuy ASR hip recall patients seeking restitution from DePuy. “The message is that these cases are valid, that the injuries are real and severe, and Johnson & Johnson and DePuy have to pay significant money for their mistakes” Saeltzer said recently.

The eight million dollar award by the jury does represent the beginning of over a thousand lawsuits Johnson & Johnson subsidiary DePuy will face in open court. The DePuy ASR hip replacement recall has wide reaching implications for both sufferers of the defective implant, and DePuy itself. Like Kransky, thousands of patients who received the DePuy ASR hip implant have suffered from similar issues as Kransky. Largely these issues include metal particles that are known to break free when the metal-on-metal implant abrades. This debris can cause a wide range of health issues ranging from blood poisoning to septic shock. While the panel ruled that DePuy did not act with malicious intent, it did find DePuy responsible for much of pain and suffering Kransky suffered as a result of the implant.