On Friday, March 8, jurors in the first DePuy ASR hip replacement trial in the nation awarded plaintiff Loren Kransky, 65, $8.34 million in damages,* but declined to assess punitive damages against DePuy and its parent company Johnson & Johnson. The Rottenstein Law Group, which files DePuy ASR hip lawsuits on behalf of clients, is encouraged by this verdict.

Los Angeles, Calif. (PRWEB) March 08, 2013

On Friday, March 8, jurors in the first DePuy ASR hip replacement trial in the nation awarded plaintiff Loren Kransky, 65, $8.34 million in damages,* but declined to assess punitive damages against DePuy and its parent company Johnson & Johnson, according to a Bloomberg report. The Rottenstein Law Group, which files DePuy ASR hip lawsuits on behalf of its clients, is encouraged by this verdict.

“While it is unfortunate that punitive damages were not assessed against the defendants, it is a promising verdict for those who believe their metal-on-metal hip implant has caused them injury and who wish to pursue a lawsuit,” said Rochelle Rottenstein, principal of the Rottenstein Law Group.

Read more: DePuy ASR Hip Lawsuit Update: Rottenstein Law Group Encouraged By $8.34 Million Verdict in California

As the jury deliberates over a verdict in the nation’s first DePuy ASR hip lawsuit to go to trial—of potentially thousands—the Rottenstein Law Group responds to the plaintiff’s attorney’s assertion during closing arguments that Johnson & Johnson subsidiary DePuy Orthopaedics knew the recalled ASR hip replacement implant was defective but continued to sell the device. Los Angeles, Calif (PRWEB) March 01, 2013

As the jury deliberates over a verdict in the nation’s first DePuy ASR hip lawsuit to go to trial—of potentially thousands—the Rottenstein Law Group responds to the plaintiff’s attorney’s assertion during closing arguments that Johnson & Johnson subsidiary DePuy Orthopaedics knew the recalled ASR hip replacement implant was defective but continued to sell the device.

Attorneys for Loren Kransky, 65, of South Dakota, allege that the faulty design of the ASR caused metal ions, created by friction between the ball and cup of the hip implant, to enter Kransky’s bloodstream. They also allege that the device’s poor design made it extremely difficult for Kransky to walk without immense pain. They are asking for $338,000 for medical expenses and $5 million for Kransky’s pain and suffering. For punitive damages, Kransky’s attorneys are asking for between two and five percent of Johnson & Johnson’s net worth, or between $72 million and $172 million, according to Bloomberg.

Read more: DePuy ASR Hip Lawsuit News: Plaintiff’s Attorney Alleges J&J Pursued Profits Over Safety; Asks for as Much as $180 Million in Damages 

After the cancellations of four scheduled trials, the hearing for the first DePuy ASR hip lawsuit has finally commenced in Los Angeles early this year. The plaintiff in this case is Loren Kransky, a former corrections officer, who was implanted with an ASR hip system for his chronic joint disease.


Opening statements were made on January 25, 2013 and the prosecution did not waste any time presenting documents which may be very damaging to the defense. Lawyers for the complainant intimated that the device was flawed from the start and was not subjected to rigid testing. It further hinted that officials of Johnson & Johnson were well aware of an internal report which revealed that the ASR hip systems had design defects.

It was alleged that instead of pursuing plans to rectify the design flaws, officials decided to use other tests and standards. According to the lawyer of Kransky, “They changed the test and tested it against other things until they found one it could beat.”


Read More: Trial Update:J&J Execs Knew About ASR Design Flaw, Did Nothing

As the first trial of a DePuy Hip Recall Lawsuit is set to begin on Friday, Jan. 25, in Los Angeles, the Rottenstein Law Group is concerned about court records that reveal Johnson & Johnson’s knowledge that the DePuy ASR hip replacement would cause problems in recipients.

In a 2011 internal analysis of the DePuy ASR, revealed in court records (in In re: Loren Kransky and Sheryl Kransky v. DePuy, Inc., et al., BC456086, Los Angeles Superior Court), Johnson & Johnson subsidiary DePuy Orthopaedics reported the metal-on-metal DePuy ASR hip implant would fail in 40 percent of patients after five years, according to a New York Times story. The analysis followed a 2010 recall, for which Johnson & Johnson reportedly took a special charge of $3 billion, according to theBaltimore Sun. Meanwhile, the company denied a British report on the device’s failure, the Times said.

“Johnson & Johnson needs to be held accountable,” said Rochelle Rottenstein, principal of the Rottenstein Law Group.


Read more : DePuy Hip Recall Update: Rottenstein Law Group Responds to Johnson & Johnson Revelation About DePuy ASR Failure Rate