Victims all over the nation have been suffering as a result of their DePuy ASR metal on metal hip implants, and just last week the first official lawsuit against the Johnson & Johnson owned company has come to a verdict.
The victim, a retired prison guard suffered extensively after receiving the implant as he claims that he not only experienced serious complications with the medical device itself, but he also sustained metal poisoning in his bloodstream from the faulty product.
These metal implants are said to rub against one another therefore releasing metal shards into the users body. This can cause both metal poisoning as well as soft tissue damage around the hip implant area.
The Deputy ASR product was recalled in 2010, and this man is the first ever victim to wrap up his case, and as a result he has been awarded $8.3 million by the court for his suffering from this product. This verdict was determined by the Los Angeles Superior Court agreeing that Johnson & Johnson’s DePuy orthopedics was entirely liable for the defective medical device.
Another aspect of the ongoing concerns regarding this product was that the company failed to warn potential consumers about the risks of their product, the jury did not consider them to be responsible for this; therefore the victim did not receive punitive damages for the product.
What is essential in this case, and the many more to come, is that the jury sees that the company is not only responsible for their faulty product, but that their products poor design is based on negligence on their behalf.
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What is so fascinating about this case is that this man was the first out of what is believed to be an estimated 10,7000 personal injury lawsuits filed against DePuy for their suffering from the product. The recall originated in 2010 initially because of the disconcerting amount of complications patients were having, a number well over what is safe or acceptable.
In this case, the Plaintiff originally sought a much larger settlement for his suffering, $5.3 million for the compensatory damages and then as much as $179 million for the punitive damages. However, because the court deemed there being no responsibility for lack of warning about the product, the victim received just over $8 million.
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In the event you have been a victim of one of these faulty medical devices, do not hesitate before contacting an experienced Raleigh personal injury lawyer at the Whitley Law Firm, today. We have extensive experience helping clients seek the compensation they deserve for their suffering and we want to fight on your behalf as well. Contact us today for more information and to learn how we can help you.
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