A Los Angeles jury has awarded approximately $8.3 million in compensation to a Montana man who had brought a lawsuit against Johnson & Johnson for the failure of their ASR all-metal hip replacement device. As reported by The New York Times, this is the first trial to be brought against J&J concerning hip replacement failure, with more than 10,000 lawsuits pending currently.
The $8.3 million verdict could have been more, however, as jurors did not issue punitive damages, as they did not believe J&J acted with fraud or malice. The jury did find that the ASR was defectively designed, and J&J is planning on appealing the verdict. The total compensation is from $338,000 to cover the medical expenses of the retired prison guard and $8 million for pain and emotional suffering.
A document from J&J revealed that the company believed close to 40 percent of all patients who had received a defective hip replacement would need the device to be removed and replaced within five years of the original operation. Other evidence showed that the design of the replacement was defective, causing metallic debris to be shed through regular use, which causes bone and tissue damage.
The device was recalled in 2010 after it was found that failure rates were much higher than expected. By the end, the replacement had been sold for eight years and had been purchased by more than 90,000 people across the world.
If you or a loved one has suffered injuries or illness due to a defective product, it is important that you seek out skilled legal advice and representation when dealing with manufacturers. At Carpenter, Zuckerman & Rowley, our team of Southern California defective product lawyers has helped numerous clients prove fault and find the compensation needed to move past their losses. To learn more about how we can help you find a life that is not hampered by injury or financial damage, call us today at 213-514-8332.