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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