March 11, 2013 — DePuy Orthopedics has been ordered to pay $8.3 million to settle the first ASR hip implant lawsuit. With an additional 10,750 lawsuits pending, it is likely that DePuy will pay billions to resolve the litigation. The plaintiff, Loren “Bill” Kransky, is a retired prison guard from Montana who was awarded $8 million for pain and suffering and $338,000 for medical expenses. The 12-member jury in California Superior Court, Los Angeles County, did not order punitive damages against DePuy.
Kransky filed the lawsuit after the metal-on-metal components of his hip implant shed metal debris into his body and caused metallosis (metal poisoning). This caused him to suffer extreme pain, hip dislocation, and several surgeries to remove and replace the defective implant. In closing arguments, Kransky’s attorney said: “This is not an imperfect hip, this is a public health disaster.”
More than 93,000 ASR hip implants were recalled in 2010, which was about two years after DePuy first identified serious issues with the implant. Although the company initially said the device had a 12% five-year failure rate, documents unsealed in Kransky’s trial showed that, in 2011, DePuy found that 37% of the devices failed within five years.
Attorneys for DePuy issued a statement after the trial, saying the jury “returned a mixed verdict.” The company announced plans to appeal the decision and present new evidence regarding the FDA approval of the ASR. “We believe the ASR XL was properly designed, and DePuy’s actions concerning the product were appropriate and responsible.”
Today, the second lawsuit in the ASR litigation is scheduled to begin in Illinois State Court in Chicago. The plaintiff is a 54 year-old nurse from Illinois who was implanted with the ASR in 2008. She required revision surgery to remove the implant in 2011.
Most of the ASR litigation has been centralized in federal court, in a Multi-District Litigation (MDL) in the Northern District of Ohio. The first “bellwether” trials will begin in May 2013.
Do I have a DePuy ASR Hip Implant Lawsuit?
The Schmidt Firm, PLLC is currently accepting DePuy ASR hip implant induced injury cases in all 50 states. If you or somebody you know has been injured by defective hip implant side effects, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Defective Medical Device Litigation Group or call toll free 24 hours a day at (866) 920-0753.
Attention Lawyers: We consider a referral from another law firm to be one of the greatest compliments. If your firm is interested in referring us a case or for us to send you a list of previous award judgments and/or average referral fees, please visit the Lawyer Referral section of our website.