Jury Awards $8.3 Million to Victim of Defective Hip Implant

On Friday, March 8, 2013, a jury awarded $8.3 million to former prison guard, Loren Kransky, who is the first plaintiff to go to trial against Johnson & Johnson for the injuries suffered because of a defective DePuy hip implant. The jurors found that the product, the ASR XL implant, was defectively designed and caused metal poisoning and other health problems after being surgically implanted in Kransky in 2007. However, Kransky was not awarded punitive damages after the jurors rejected his claim that DePuy acted with malice and failed to adequately warn of the risks associated with the implant.

The trial, which lasted from the end of January and into the first week of March, revealed emails between company officials, who acknowledged studies showing the product’s defects and the need for redesign. However, according to the lawsuit, changes to the product’s design were never made.

The suit is the first of nearly 11,000 similar cases involving the all-metal hip replacement product which was pulled from the market two years ago. Johnson & Johnson has set aside nearly $1 billion to cover costs of the recall and the subsequent lawsuits.

If you or someone you know has suffered from a defective hip implant, please contact Khorrami, LLP for a private consultation.