Monday, March 25, 2013

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.

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