DePuy ASR Hip Replacement Trial Underway
The trial in the first DePuy ASR hip replacement lawsuit is scheduled to begin January 25. The case, In re: Kransky and Kransky v. Depuy, Inc., et al. BC456086, Los Angeles Superior Court, was filed by Loren Kransky and his wife after he suffered medical problems that he alleges were caused by a DePuy ASR hip replacement implant he received in 2007.
The Kransky’s filed the lawsuit against DePuy claiming 14 causes of action including negligence, strict products liability, misrepresentation and breach of warranty. Kransky alleges that the DePuy ASR device caused him various medical problems including metal poisoning. He believes that Johnson and Johnson, the parent company of DePuy, was aware that a high percentage of the ASR hip replacement devices would fail within a period of five years and cause medical problems in recipients of the device.
At the beginning of the Kransky trial on January 25, the court dismissed the strict products liability, negligent recall and unlawful, unfair and fraudulent business practices causes at the request of DePuy. The Kransky’s voluntarily dismissed the loss of consortium cause.
According to court records in the Kransky lawsuit, the DePuy ASR lawyer is expected to argue that Kransky’s preexisting medical conditions caused his illness, not the ASR device that Kransky had removed in 2011. The DePuy ASR lawyer is also expected to argue that Kransky filed the lawsuit in response to information about the DePuy ASR recall they read about on the Internet, not in response to his medical condition.
Johnson and Johnson recalled 93,000 DePuy ASR hip replacement devices in 2010. Side effects were listed as a high device failure rate making corrective surgery necessary and metal poisoning. More than 37,000 of those recalled were located in the United States. Over 10,000 lawsuits are now pending in various United States courts. Approximately 7,000 of the DePuy ASR recall lawsuits have been consolidated in a multidistrict litigation in the United States Circuit Court, Northern District of Ohio.
The Rottenstein Law Group, RLG, is closely following the proceedings in the Kransky lawsuit. Their website provides updates on the DePuy ASR lawsuits. It also provides information regarding side effects of the device and tips on evaluating whether individuals who have had an ASR hip replacement implant should file a lawsuit. The website recommends that individuals contact a hip replacement lawyer if they had any side effects from a DePuy ASR device.
Rochelle Rottenstein, founder of RLG, maintains that determining the truth in each lawsuit is the most important thing. She stated that DePuy should not be held responsible if Kransky’s medical issues were caused by preexisting conditions.