January 1, 1970 · FLEMING | NOLEN | JEZ, L.L.P.
The first DePuy ASR trial has concluded in the Los Angeles Superior Court of California, styledIn re: Loren Kransky and Sheryl Kransky v. DePuy, Inc., et al. Plaintiff Loren Kransky is a resident from Montana who had the DePuy ASR hip implanted in 2007. Mr. Kransky is a retired prison guard who suffers from a cancer diagnosis unrelated to his hip injuries. A California statute allows a plaintiff an early trial setting in situations where the plaintiff is diagnosed with a terminal condition.
Mr. Kransky’s experienced severe injuries from his failed ASR hip replacement including pain, metallosis and difficulty walking. He eventually underwent a revision surgery. During the trial, evidence showed DePuy knew of the design flaws in the ASR hip while the device was still on the market. DePuy’s own internal estimates in 2011 demonstrated that 40% of patients will experience hip failures within five years of implantation.
The jury deliberated a week and awarded Mr. Kransky $338,000 in medical expenses and $8 million in mental anguish damages. The jury was not persuaded by the defendant’s tactic of blaming Mr. Kransky’s other health problems on his hip failure.
DePuy now has over 11,000 ASR lawsuits filed against it. The second DePuy ASR trial began several days ago in the Circuit Court of Cook County, Illinois. It is styledCarol Strum v. DePuy Orthopaedics, Inc. It will be interesting to see if the plaintiff in that case achieves a similar result.