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Landmark Case:

Kransky v. DePuy Orthopaedics, Inc

The Verdict:

$8.3 Million

Trial Attorneys:

Brian Panish

Practice Areas:

Product liability,  Personal Injury

CASE SYNOPSIS:

On March 8, 2013, Panish Shea & Boyle LLP attorney Brian Panish obtained a $8,338,116 jury verdict for Loren Kransky, who received a DePuy ASR model artificial hip implant that had to be replaced after Mr. Kransky began to suffer hip pain, difficulty in walking, and elevated levels of metal ion in his blood.  The ASR implants, which were sold by Johnson & Johnson Inc. subsidiary DePuy Orthopaedics Inc., were recalled in August 2010 after they showed a higher than expected rate of failure.  More than 8,000 lawsuits have been filed against DePuy relating to the recalled ASR hip implant systems, including over 300 cases brought by Panish Shea & Boyle LLP on behalf of its clients. The Kransky case was the first case in the country involving the ASR hip implants to go to trial.

DePuy contended that the ASR was not defective and attributed Mr. Kransky’s problems with the hip implant to his pre-existing health conditions, an infection and a failure by his surgeon to implant the ASR cup at the correct angle. DePuy’s counsel asked the jury to return a defense verdict and award no damages.

The jury found that the ASR implant was defective and that this defect was a cause of Kransky’s injuries. The jury awarded Mr. Kransky $338,116 for medical expenses and $8,000,000 for past and future pain and suffering – an especially significant amount because Mr. Kransky has advanced-stage kidney cancer (which is why his case was given preference and tried first).

Brian Panish was brought in to try the case and served as co-lead counsel at trial with Michael A. Kelly of Walkup, Melodia, Kelly & Schoenberger.  Mr. Panish gave the opening statement, the closing argument and examined many witnesses during trial.  Other co-counsel at trial were John H. Gomez of The Gomez Law Firm and Dean Goetz, the Law Offices of Dean Goetz.

The Kransky case significantly impacts the thousands of other cases that have been brought against DePuy nationwide, playing a large part in valuing those remaining cases and providing an incentive to DePuy to reach a global resolution in the litigation.  The only other case against DePuy involving the ASR implant that has gone to trial resulted in a defense verdict. Panish Shea & Boyle LLP was not involved in that case.  The Kransky judgment is currently on appeal.

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