J&J Ordered to Pay $8.3 Million in Damages to Plaintiff in First DePuy ASR Hip Lawsuit
A Montana man who said his metal-on-metal hip caused him to suffer a myriad of injuries was awarded $8.3 million in damages last Friday by a Los Angeles jury who heard the first of 10,000 DePuy ASR hip lawsuits in the U.S., the New York Times reports.
According to the article published Mar.8, jurors in Los Angeles ruled that Johnson & Johnson’s DePuy unit defectively designed its ASR metal-on-metal hip replacement, which was recalled in August 2010 after it was suggested that metal components of the device may have the potential to fret and/or corrode.
L.A. Jury Awards $8.3 Million in DePuy ASR Hip Lawsuit
Plaintiffs in thousands of DePuy ASR hip lawsuits, many of which pending in a multidistrict litigation (MDL) currently underway in the U.S. District Court, Northern District of Ohio, say this complication can lead to a host of adverse tissue reactions, early hip failure, metallosis (metal ion poisoning) and revision surgeries to remove the implant.
In this case, Johnson & Johnson was ordered to pay the 65-year old retired prison guard $338,000 to cover medical costs and $8 million for his pain and emotional suffering.
Johnson & Johnson said it planned to appeal the decision, which came in a Los Angeles state court, that its ASR metal-on-metal hip replacement was defectively designed. The company described the verdict as “mixed.”
The panel of jurors in this case declined to discuss punitive damages after determining that DePuy Orthopaedics did not act with fraud or malice in the distribution of the ASR artificial hip. The outcome of this trial began Jan. 25 and may predict how juries will respond to similar actions in the future.
In closing arguments heard Feb. 28 for this DePuy ASR hip lawsuit, the lawyer for the plaintiff referred to the Johnson & Johnson subsidiary as a “ruthless competitor” for placing profit over the safety of its patients. He went on to say the manufacturer played “Russian roulette” with patients and “didn’t care about patient safety.”
The plaintiff’s lawyer then suggested the Court award his client $5 million for his pain and suffering. Johnson & Johnson should also be ordered to pay $179 million in punitive damages, he added.
Considering a DePuy ASR Hip Lawsuit? Contact Us Today.
If you were implanted with a metal-on-metal hip replacement affected by the DePuy ASR hip recall and suffered injuries, you may be eligible to file a claim against the manufacturer. Contact a lawyer at Bernstein Liebhard LLP to learn more about DePuy ASR hip lawsuits at (877) 779-1414.