DePuy Hip Lawsuit: Analyzing the First Verdict

The plaintiff of the first DePuy hip lawsuit on trial, Loren “Bill” Kransky, was awarded by a California jury with $8.3 million in damages. This could be but the first of thousands more of similar verdicts against Johnson & Johnson (J&J) for injuries due to a DePuy metal hip implant.

Jurors found negligence on the part of the manufacturer in the design of the ASR hip implant. Kransky’s award includes $8 million for mental suffering and physical pain and $338,136 for medical bills, according to Bloomberg.

Punitive Damages Sought by Kranky’s Lawyers

Also, Kranky’s attorneys had sought punitive damages up to $179 million. However, the jurors concluded that J&J was not remiss in warning consumers on the possible dangers associated with the hip implant and punitive damages were not awarded.

Other notable highlights in the decision include:

-        10,750. This is the number of DePuy hip lawsuits filed against J&J for similar problems over the recalled device. Kransky’s case is but the first of many lawsuits currently pending.

-        This times no punitives. Although unable to secure punitive damages, Kransky’s lawyers look forward to try again in their next cases. They argued that manufacturer J&J was aware of these complications associated with their hip implant but continued to profit from it. In fact, they allege that J&J explored having the implants replaced if only the price involved was not too high. To note, one juror indicated in the Kransky’s case that he’d chose to have punitive damages in view of the length of time that it took J&J to arrest the problem.

-        An appeal is still possible. Given the sheer number of lawsuits racked against it, J&J has expressed its desire to appeal the decision. The company maintains its product was not made defectively.

As for J&J, many view a bleak future for the company as fears that the lawsuit may cause the manufacturer to go bankrupt are rife. All this may depend on how the next cases will be resolved and whether by then punitive damages will be awarded. Roughly, the drug giant is worth $200 billion; it has about $1 billion allocated to cover as costs for these particular lawsuits, The Associated Press reports.

Considering Due Compensation for DePuy Hip Injuries

Serious injuries due to a DePuy hip implant could make one entitled to a just compensation via a DePuy hip lawsuit. Consulting an experienced personal injury lawyer could be a good start. Also, one’s lawsuit over DePuy hip maybe sped up through a legal assessment, given free online in trusted sites like www.rotlaw.com of New York-based RLG or The Rottenstein Law Group.

FDA ALARMED BY DA VINCI INCIDENTS, SURVEYS HOSPITALS

The Da Vinci surgical system has been under a barrage of pressure from all sides. On one end, a long list of adverse event reports are racked over it, followed by a burgeoning line of lawsuits against its manufacturer. Recently, the FDA is making rounds, sponsoring a survey to measure surgeon training and other complications related to the device in key medical centers and hospitals nationwide. Many conclude the future is bleak for this particular surgical care technology, Bloomberg reports.

A published March 1, 2013 article stipulates that the FDA is reaching out to various surgeons in top U.S. hospitals. The agency is gathering data from these health professionals on a list of criteria regarding Intuitive Surgical, Inc., maker of the Da Vinci surgical system.

The Da Vinci Surgical System Matters Looked Into

Although costing roughly $1.5 million each, the Da Vinci surgical system has been used in over 500,000 surgical procedures in 2012 alone. However, lawsuits against its manufacturer over the device have been climbing steadily.

Given the number of operations, doctors were then surveyed on what particular type of surgery they think the Da Vinci best and least fits. Also, the query wanted to know what kind of training these doctors have undergone to use the device.

Da Vinci Adverse Events Report Reach Alarming Numbers

Approved in 2000, the Da Vinci surgical system has been utilized to aid in gynecologic, urologic and laparoscopic surgery. The surgical robot has also been used to perform thyroid cancer procedures, gastric bypass surgery and gall bladder removal.

News of the survey was announced after Da Vinci adverse event reports swelled. In its report last January, hedge fund Citron Research detailed that roughly 4,600 reports of adverse events have been made because of the Da Vinci. FDA’s MAUDE database reveals that 3,900 of these reports were forwarded between the period of 2007 and 2012.

Da Vinci Lawsuits Claimed Serious Adverse Effects

Patients who have decided to file a Da Vinci surgical system lawsuit have done so because of the following adverse effects:

- excessive bleeding

- bowel Injuries
- cut ureters
- surgical tears/burns to arteries(other blood vessels)
- surgical tears/burns to vital organs
- death

The FDA is trying to get to the bottom of the matter. It wants to know if the long list of adverse reports is caused by the Da Vinci device itself or if there are other issues involved, according to an FDA spokeswoman, Bloomberg.com reported.

Considering Proper Compensation for Da Vinci Injuries

Getting injuries right from the surgical table is no joke. It is for this reason that seeking due compensation through a Da Vinci surgical system lawsuit could be a viable option.  An experienced personal injury lawyer should be able look into the merits of one’s case. Also, trusted sites, e.g.   www.rotlaw.com of RLG (Rottenstein Law Group), can give a free online legal review that could jumpstart one’s lawsuit over Da Vinci surgical system in no time at all.

Da Vinci Surgical System on Review

This is a very sophisticated machine no doubt. But allegedly, many of its results have been spectacularly disastrous.

The Da Vinci surgical system allows surgeons to operate from a distance through a control panel. By looking into a couple of stereo eyepieces and using foot pedals and hand controls, an operating surgeon is able to navigate the arm of the robot. This is possible since the robotic arm is equipped with cameras and surgical tools. The Da Vinci promises surgery that is less invasive, recovery time that is quicker and a motions benefit way beyond what a human hand can do.

All these benefits, however, have drawbacks. Many complications that are very serious and are possibly life-threatening have been attributed to the Da Vinci surgical system.  The device is said to be defective; the learning curve in operating the device is allegedly way too steep.

Da Vinci Allegedly Offers no Distinct Advantage

From the Da Vinci company website, the device is trumpeted as an alternative surgery that is minimally invasive for treating various health conditions. These conditions include: obesity, kidney disorders, heavy uterine bleeding, endometriosis, coronary artery disease, prostate cancer, kidney cancer, bladder cancer among many other diseases.

However, over time, a lot of people began asking if real benefits over traditional surgery exist from the Da Vinci surgical system. For instance, both the American College of Obstetricians and Gynecologists and the Kaiser Foundation have cast doubt on the system. Further, the Journal of Clinical Oncology January 2012 issue has stated that it seems using the device has no distinct advantage over traditional surgery. To note, a surgery via the robot costs $1,300.

Da Vinci is linked to Many Complications

Worse, many patients have not been warned adequately. They do not know that it takes some time before a surgeon becomes proficient in using the device. And that while the surgeon is learning the dangers of serious injuries that could be life-threatening abound. Some of these are:

-        Tears or punctures
-        More surgery
-        Surgical burns
-        Fatal complications

Getting Proper Compensation for Da Vinci Injuries

Individuals who have been experiencing problems due to the Da Vinci surgical system has an option of seeking financial relief through a Da Vinci surgical system lawsuit. Getting the merits of one’s case evaluated by an experienced personal injury lawyer is a good start. Those who suffer need not look very far to get their lawsuit over the Da Vinci surgical system moving. Sites such as www.rotlaw.com , a service-website of RLG (Rottenstein Law Group), offer legal evaluations online at no cost.

This is one powerful cutting device. Wielding it improperly could be deadly.