Second trial involving claims of harm ends with a verdict for the defendant.
New York, NY -- (SBWIRE) -- 04/22/2013 -- The Rottenstein Law Group has learned that the second trial involving claims of harm allegedly resulting from the implantation of a DePuy ASR hip device has ended with a verdict for the defendant manufacturer of the device, prompting the lawyers of the firm, which maintains a comprehensive informational website at www.hipreplacementlawsuitcenter.com, to wonder why the first two ASR cases to go to juries have resulted in divergent outcomes.
The jury in the second DePuy ASR trial—Strum v. DePuy (no. 2011-L-009352, Cook County [Ill.] Circuit Court)—delivered a verdict for defendant DePuy Pharmaceuticals after a month of testimony, denying the plaintiff any compensation for the injuries she alleged were caused by the metal-on-metal hip implant she received. Carol Strum, an Illinois nurse, had claimed that Johnson & Johnson subsidiary DePuy marketed its DePuy ASR hip device despite knowing that it had a defective design. Strum’s lawyer had argued that his client should be awarded $5 million, citing the pain and suffering she experienced after receiving the implant in 2008 and requiring revision surgery in 2011, according to Bloomberg.* The first ASR trial saw the plaintiff, Loren Kransky, awarded more than $8.3 million in damages.
“It is unfortunate that the second jury to hear an ASR hip case did not find for the victim, as the first jury did, but those whose cases have yet to go to trial should not be discouraged,” said Rochelle Rottenstein, principal of the Rottenstein Law Group. “There have been only two ASR trials, and the defendant's verdict in this one could very well turn out to be an aberration. Only time will tell, but those who have been harmed should demand compensation for their injuries with no less zeal.”
Both cases that have gone to trial to date are state court cases. There are some 11,000 lawsuits still pending against DePuy involving the ASR across the nation in state and federal courts. The first trials of federal cases are scheduled to begin in May, according to court documents. Analysts have predicted that the lawsuits could cost Johnson & Johnson billions of dollars. DePuy voluntarily recalled the ASR in August 2010.
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The Rottenstein Law Group is a New York-based firm that represents clients nationwide in mass tort actions. The firm was founded by Rochelle Rottenstein, who has more than two decades of experience as a lawyer, to represent clients hurt by defective medical devices and medications. (Attorney advertising. Prior results do not guarantee a similar outcome.)