In the first of 10,750 law suits over the DePuy ASR hip implant device to go to Trial a Jury in California has found that DePuy Orthopaedics was negligent. Loren Cransky, 65, sued DePuy and it’s parent Company Johnson and Johnson for damages alleging that the faulty design of the ASR XL metal-on-metal hip implant caused him serious injuries. After a lengthy trial the Jury awarded him $8 million dollars for physical pain and emotional suffering and $338,136.00 in medical expenses.
The negligence suit was the first of thousands of similar cases to reach Trial in the US involving the all-metal ball and socket hip joint that was pulled from the market 2 years ago. There are hundreds of pending litigation claims in Ireland where patients claim that the device has left them with crippling injuries and the need for further replacement surgeries. It is anticipated that the first of the claimswill be lised for hearing in the High Court by the end of the year.
Johnson & Johnson has set aside over $1billion dollars to cover the costs of the recall and meet legal claims.
Commenting on the landmark US decision Liam Moloney, Healthcare Solicitor whose Firm are acting for many of the DePuy patients said today “over 3,500 Irish patients received this defective device. This decision confirms that the device is defective and that the injuries suffered by patients are real and serious. DePuy Orthopaedics will have to pay significant compensation to patients for their negligence in designing this device and supplying it”.
