Loren Kransky, Sheryl Kransky v. Depuy Orthopaedics Inc., et al.
Published: Mar. 23, 2013 | Result Date: Feb. 28, 2013 | Filing Date: Jan. 1, 1900 |Case number: BC456086 Verdict – $8,338,120
Court
L.A. Superior Central
Attorneys
Plaintiff
Michael A. Kelly
(Walkup, Melodia, Kelly & Schoenberger)
Matthew D. Davis
(Walkup, Melodia, Kelly & Schoenberger)
John H. Gomez
(Gomez Trial Attorneys)
Dean A. Goetz
(Goetz Firm LLC)
Khaldoun Baghdadi
(Walkup, Melodia, Kelly & Schoenberger APC)
Brian J. Panish
(Panish, Shea, Boyle & Ravipudi LLP)
Defendant
Alexander G. Calfo
(King & Spalding LLP)
Michael C. Zellers
(Tucker Ellis LLP)
Facts
Retired prison guard, Loren Kransky, 65, received a hip replacement in 2007 using the ASR model metal-on-metal artificial hip implant designed and sold by DePuy Orthopaedics, a Johnson & Johnson company. DePuy voluntarily recalled the ASR in 2010. In 2012, Kransky underwent an operation to remove the ASR and replace it with a different model hip implant. Kransky alleged that he suffered injuries and had to undergo the second operation as a result of the ASR hip shedding excessive metal debris and metal ions. He sued the company for product defect, failure to warn and negligent design. DePuy contended that the ASR was not defective, that it had properly warned surgeons of the ASR's risks, and that it was not negligent. DePuy also contended that an infection and unrelated health problems were the reasons why Kransky experienced pain and needed to undergo a second operation.
Settlement Discussions
The parties participated in a pre-trial mediation with Charlie Hawkins of Mediation Masters. Plaintiff's demand was $2 million. Defendant's offer was $75,000 with an indication it would also assume responsibility for medical liens.
Damages
Kransky sought $5.3 million in compensatory damages in addition to punitive damages of up to $179 million.
Injuries
Kransky suffered from constant pain, elevated levels of cobalt and chromium ions in his blood and had to undergo a follow-up surgery to remove the ASR hip and a third surgery to remove a hematoma.
Result
A jury found DePuy strictly liable to Kransky under a defective product theory. The jury found for DePuy on Kransky' s claim that it had failed to properly warn his surgeon of the ASR's risks. The jury also found that DePuy was negligent, but that its negligence was not a cause of injury to Kransky. The jury found for DePuy on the punitive damages claim. The jury awarded Kransky $338,136 for his medical expenses and $8 million for his physical pain and emotional suffering.
Other Information
The case proceeded as a preference trial (CCP sec. 36) based on a diagnosis of Kransky' s end-stage renal cancer. The case was closely watched, as it was the first trial of the approximately 11,000 DePuy ASR lawsuits pending in state and federal courts.
Length
five weeks
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