A California judge it set to give a verdict in the coming weeks following the conclusion of the first trial of Johnson and Johnson over the DePuy ASR hip replacement scandal. DePuy, which is the orthopaedic arm of J&J recalled 93,000 of the faulty all-metal implants in 2010 amidst safety concerns leading to 10,000 US lawsuits. So, let’s have a look at the arguments being put forward by the claimant and the health-care product giant.
What is the claimant arguing?
65 year old Loren Kransky is the claimant in the first Depuy hip recall case, having had the metal on metal hip replacement for four and a half years before having a revision surgery in 2012. The arguments from his legal team are set out below:
• That the ASR implant was poorly designed and had flaws which posed real and substantive health risks to patients – which were not communicated either to them or to the surgeons operating on them
• That J&J’s customers were failed by the company before the 2010 recall. DePuy had initially warned of 12% failure rates within 5 years but Australian and British research found that 2 in 5 were likely to fail in this time
• That the tests carried on the product before it was put on sale in 2005 were woefully inadequate. Despite complaints from patients and surgeons there was not an earlier recall.
• That the whole time that the DePuy ASR hip replacement device was on the market, it had defects
• That Mr Kransky should be compensated to the tune of $5.3 million in payments for pain and suffering – and that in addition punitive damages of up to nearly $180 million should also be imposed on Johnson & Johnson
What is J&J arguing?
• All known health risks were made clear and the design of the all metal hip implant was not defective
• Mr Kransky has various health problems and they were not caused by the hip replacement – and that medical reports seen by the court clearly show that this point is true
• Mr Kransky’s tissue had not been damaged by metal shards flecking off from the metal components of the implant
• There were not toxic amounts of chromium or cobalt in Mr Kransky’s body and that he was not poisoned by the metal parts of the Johnson and Johnson hip implant
• Mr Kransky’s hip was infected thus causing serious pain and discomfort
• The DePuy ASR hip replacement product was tested intensively and information was shared widely
Don’t miss out on your chance for DePuy Hip Replacement Compensation
Hip implant recall compensation claims must be made within strict deadlines. Failure to do so results result in the loss of your chance to claim – so don’t delay – make sure you act now.
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