March 8, 2013- Jurors hearing evidence in the first (of many) DePuy hip recall trials have awarded a man with the ASR XL implant $8.3 million in compensatory damages related to the pain, disability and medical expenses he incurred as a result of the defective hip. The Los Angeles jury determined that that the DePuy ASR hip was defectively designed and caused metal poisoning and necessitated a revisionary surgery that the man needed after his device prematurely failed.
While the original lawsuit sought punitive damages related to alleged malice on the part of DePuy’s failure to sufficiently warn patients of the risks associated with the device, jurors determined that there was not sufficient intent to substantiate such a claim.
Impact on pending metal-on-metal hip defect lawsuits
From the perspective of attorneys who are representing numerous people with DePuy and Stryker hip defect case, this initial trial sets an important precedent and will surely lend a different tone to settlement discussions related to pending claims as this significant verdict surely caused executives to re-think their approach to these cases.
Now that a jury has recognized the causal connection between the defective product and the significant injuries, it will be interesting to see how the company values current claims. Publicly, Johnson & Johnson (the parent company of DePuy) has allocated $1 billion to resolve the approximately 11,000 pending DePuy lawsuits in various jurisdictions around the country.
Will this initial verdict cause the health care behemoth to re-evaluate how they handle these cases? Time will tell…
The DePuy attorneys at Rosenfeld Injury Lawyers LLC represent people with defective DePuy and Stryker Rejuvenate hips. If you are the recipient of one of these devices, we encourage you to speak to a metal-on-metal hip recall law firm to ensure your rights are protected. Depending on the jurisdiction, there are time constraints for filing a case. Your failure to act may result in the loss of legal rights and may bar a future recovery.