This is Michael Brady Lynch, lead trial attorney for The Michael Brady Lynch Firm.
A recent verdict in favor of the plaintiff reminded Johnson & Johnson that their worries (and financial exposure) over defective ASR hips revised post-settlement are not over.
A jury in Tulsa County, Oklahoma on February 3rd returned a $2.5 million compensatory damage verdict in favor of plaintiff Andrea Smith and against defendants DePuy Orthopaedics and DePuy International. Mrs. Smith was represented at trial by Joe White and Charles Weddle of White & Weddle (Oklahoma City) and Derek Burch of Burch, George & Germany (Oklahoma City) who put on a highly effective case. They received support and assistance from attorneys in the MDL, the California JCCP and the Illinois consolidated cases with extensive help from Matthew Davis of the Walkup firm in San Francisco. Kudos to those attorneys who did an excellent job and a great result.
Mrs. Smith was implanted with DePuy ASR XL hips on both sides of her body. The first implant surgery was in October 2006 and the second in February 2007. She underwent revision surgeries to remove and replace the ASR devices in 2011 and 2012. She had significantly elevated metal ions before the revision surgeries. DePuy contended at trial that the devices were not defective and that she needed to have revision surgeries because of a “toe-in” gait on one side and a frayed medical cable (used to repair a fractured femur) on the other.
The jury found in favor of the plaintiff in her claim that the ASR was defectively designed, but found for DePuy on the claims for negligence and failure to warn. Jurors found no basis to award punitive damages against DePuy. The votes were 10 to 2 (9 votes were needed).
DePuy Hip Replacement SurgeryThe jury found in favor of the plaintiff in her claim that the ASR was defectively designed, but found for DePuy on the claims for negligence and failure to warn. Jurors found no basis to award punitive damages against DePuy. The votes were 10 to 2 (9 votes were needed).
Tulsa County District Court Judge Linda G. Morrissey presided over the trial. The court permitted DePuy to present limited evidence pertaining to the FDA, and she permitted the plaintiff to present evidence about the recall and about events that occurred after the date of plaintiff’s original implant surgeries. The trial lasted three weeks and jurors deliberated about 7 hours before reaching their decision.
This is the second verdict in favor of an ASR plaintiff in the United States of America.
It will be interesting see if the latest verdict prompts Johnson & Johnson to resolve the remaining revision cases in a “Round 2” global settlement.
About the Firm: The Michael Brady Lynch Firm is a trial firm with a focus on pharmaceutical mass tort cases involving SSRI and Anti-Seizure Medication Birth Defects including Lexapro, Zoloft, Effexor, Prozac, Celexa, Paxil, Depakote and Topamax, Xarelto bleeding injuries, Mirena IUD, Actos Bladder Cancer, Testosterone heart attack and stroke injuries and medical device cases including DePuy Hip and Trans-Vaginal Mesh cases. Contact us today if you or someone you know has experienced side effects involving these products.