On February 3rd, a
jury in Tulsa County, Oklahoma 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 a bilateral DePuy
ASR XL hip patient who had both hips revised. 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
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).
The trial was presided over by Tulsa
County District Court Judge Linda G. Morrissey. DePuy was allowed to present
limited evidence pertaining to the FDA, and Judge Morrissey 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.
This is the second verdict in
favor of an ASR plaintiff. In both cases, the plaintiff prevailed on the claim
that the device was defective, but lost on the negligence claim. Neither
jury awarded punitive damages. A third ASR case went to trial and
resulted in a defense verdict based on a specific causation defense.
If you
or a loved one have had hip replacement surgery and have been implanted with a
defective DePuy hip, you may be entitled to compensation for medical bills,
pain and suffering, lost wages and other injuries. Our firm is currently
investigating claims for those people who have been implanted with DePuy hip
replacement devices, both ASR and Pinnacle. If you would like a free case
evaluation, please contact Booth Samuels at toll free 1-866-515-8880 or at booths@pittmandutton.com.
