The first hip replacement compensation for DePuy ASR to be heard in court has seen an award of $8.3 million being made.
The claim made by a former prison officer, Loren Kransky (65) from South Dakota, was brought forward ahead of the Multi District Litigation (MDL) due to be heard in Ohio in May, as he is terminally ill from diabetes, heart disease and cancer of the kidney.
Mr Kransky’s legal team at the Los Angeles Superior Court claimed that he had to undergo a second hip replacement procedure – causing him pain and suffering – due to dangerously high levels of chromium and cobalt in his bloodstream caused by metal-on-metal friction within his ASR XL Acetabular hip replacement device.
The solicitors claimed that Johnson and Johnson – the parent company of DePuy Orthopaedics – promoted the faulty hip replacement products knowing that the ASR systems were defective, in effect accusing them of fraud in addition to negligence which would have allowed Kransky to qualify for major punitive damages.
The company, Johnson and Johnson, disputed that they knew the ASR hip replacements were faulty in 2007 – the year in which Kransky underwent his initial hip replacement operation – and contested Kransky’s claim for DePuy ASR hip replacement compensation on the grounds that Kransky’s pain and suffering was due to his pre-existing medical conditions.
At the Los Angeles Superior Court, the jury found that Johnson and Johnson had not acted “with malice” by marketing their product in 2007, but agreed that the product was defective and awarded Kransky $8 million in settlement of his DePuy ASR hip replacement claim, with a further $338,000 to account for the medical expenses he has incurred to date.
It was revealed immediately after the decision that Johnson and Johnson will to appeal the decision, as the precedent of $8 million in compensation for pain and suffering could be greatly inflated when claims for claimants who do not have a terminal illness are heard in the MDL action for hip replacement compensation for DePuy ASR in Ohio in May.