It’s Official, the $8.3 Million Dollar Kransky vs. DePuy Verdict Will Stand.
It’s looking like DePuy won’t be able to squirm out of this one. Judge J. Stephen Czuleger upheld the initial jury decision in favor of former prison guard Loren Kransky. In the initial trial, the jury found that the recalled DePuy ASR XL Acetabular metal-on-metal hip implant was the cause of significant injuries to Mr. Kransky. DePuy was ordered to pay $8.3 million dollars to Kransky for pain, suffering and injuries related to the recalled metal-on-metal device. Immediately after the trial, DePuy attorneys said they would attempt to appeal the verdict in a higher court. Ultimately, DePuy was denied the appeal.
Judge Czuleger ruled that the plaintiff had provided sufficient evidence in the initial suit. According to the California courts, the DePuy implant was clearly defective and lead to Kransky’s injury. The implant, initially marketed as a solution for long term mobility, suffered from a similar design defect as other metal-on-metal joint replacements. Metal abrasion commonly occurs where metal components of the DePuy implant rub together. This leads to metal particles accruing in the joint lining, causing inflammation, bleeding and numerous other health concerns.
The DePuy ASR implant is particularly interesting in terms of metal-on-metal implant law as it was allowed to be marketed without a complete clinical trial. Using an FDA procedure that allows a fast tracking of medical devices, DePuy seemingly put the implant on the market as fast as possible. A year and a half after the first ASR implant lawsuit was filed DePuy finally recalled the implants. Currently, over ten thousand lawsuits have been filed against DePuy in the United States alone.
A large DePuy ASR related multi-district trial is scheduled to begin in July in Toledo, Ohio. Csengeri Law will continue to make regular updates regarding the DePuy ASR hip replacement lawsuits. This ongoing legal coverage should help showcase the options available to patients who are suffering from defective implant or a recall surgery. If you or a loved one has received a DePuy ASR implant and want to know your rights in regards to the recall, Csengeri Law can help. Give us a call at (310) 862-2916 for a free consultation.