The first faulty DePuy hip replacement claim to be heard in court has resulted in an compensation award of $8.3 million being made to a former prison officer.
As the claimant is terminally ill from diabetes, heart disease and kidney cancer, the compensation claim made by Loren Kransky, aged 65, from South Dakota was brought forward, ahead of the Multi District Litigation (MDL) due to be heard in Ohio in May.
Legal representatives at the Los Angeles Superior Court alleged that Kransky had to undergo a second hip replacement operation – inflicting pain and suffering on him – due to high levels of chromium and cobalt in his bloodstream caused by metal-on-metal friction within his ASR XL Acetabular hip replacement system.
They claimed that Johnson and Johnson – the parent company of DePuy Orthopaedics – marketed the faulty hip replacement products knowing that the ASR systems were defective, effectively accusing them of fraud along with negligence which would have entitled Kransky to qualify for significant punitive damages.
Johnson and Johnson did not accept that they knew the ASR hip replacements were faulty in 2007 – the year in which Kransky underwent his original hip replacement operation – and contested Kransky´s allegations for faulty DePuy hip replacement compensation on the grounds that his (Mr Kransky’s) pain and suffering was due to his pre-existing medical conditions he was suffering from.
The jury at the LA Superior Court ruled that Johnson and Johnson had not behaved “with malice” by marketing their product in 2007, but agreed that the product was faulty and awarded Kransky $8 million in faulty DePuy hip replacement compensation, with a further $338,000 to account for the medical expenses he has incurred so far.
Johnson and Johnson announced after the ruling that the company will appeal the decision, as the precedent of $8 million in compensation for pain and suffering could be drastically inflated when faulty DePuy hip replacement compensation claims for individuals who do not have a terminal illness are heard in the MDL action in Ohio later this year.
You can read a detailed article here: DePuy hip replacements.