DePuy Hip Implant Recall Cases
In a products liability case that does not involve a medical device, the plaintiff's burden of proof is relatively simple. Plaintiff need only prove that the defendant's product was defective. Plaintiff does not have to prove that defendant was negligent in designing the product. This standard of proof is known as "Strict Liability."
Under California law as it applies to medical devices the burden of proof is much more difficult to meet. The rules of proof are more restrictive when a plaintiff seeks compensation after being injured by a defective medical device. In the Depuy ASR™ hip implant device cases the plaintiffs must prove one of the following:
- The defendant did not warn doctors or patients of the dangers of using the product;
- The defendant negligently designed the product;
- The defendant negligently failed to warn of the dangers of the product; or
- The defendant negligently failed to recall or retrofit the product.
The difference is that the plaintiff must prove that the defendant was negligent. The fact that the product is defective is not enough to prevail as it would be in a strict liability case.
Negligence is the failure to use reasonable care and this can be difficult to prove. Plaintiffs will need to have skilled and knowledgeable attorneys to assist them in their pursuit of a just and fair recovery for the pain and suffering they have endured as a result of Depuy's actions.
Attorneys handling these Depuy cases for the plaintiffs will have to find and carefully review the evidence to prove that Depuy was negligent.
If you received an ASR hip implant and you are having hip related problems, you should call Attorney Dean Goetz today. CALL 858-481-8844. You can speak directly with Attorney Dean Goetz and get answers without any obligation.
Do not contact DePuy Orthopaedics or Johnson & Johnson without first talking to an attorney. It's important that you know what your options are.
What Should I do if I have a DePuy ASR Hip Resurfacing System implant?
- Call your doctor and find out if you have a DePuy ASR™ Hip Implant that was recalled.
- If you have the Depuy ASR™ Hip Implant, Contact Dean Goetz (858-481-8844) and set up a free personal or telephone appointment to discuss your options. You will be able to talk to Attorney Dean Goetz directly. You will not be talking to a Paralegal about your case.
Articles published during the first Depuy trial on emerging information:
- Maker Aware of 40% Failure in Hip Implant
New York Times January 22, 2013
- J&J Failed to Warn of Hip Implant's Risks, Jurors Told
Bloomberg News January 25, 2013
- Trial underway in hip implant lawsuit
Los Angeles Times January 25, 2013
- News from Kransky v. DePuy Richmond, VA Legal Examiner January 29, 2013
- J&J Had 'Inappropriate' Risk Controls for Hip, Jury Told Bloomberg News January 31, 2013
- J&J Failed to Weigh Hip Metal Debris Risk, Witness Says Bloomberg News February 1, 2013
- J&J Recalled Hips Over Safety Concerns, Witness Testifies Bloomberg News February 4, 2013
- J&J Jury Told Hip Has Many Design Defects Causing Failure Bloomberg News February 6, 2013
- J&J Sales Rep Told Surgeon of Hip Problems, Jury Told Bloomberg News February 7, 2013
- What a Company Knew About Its Metal Hips New York Times February 10, 2013
- J&J Feared Metal Backlash Would Hurt Hip Sales, Jury Told Bloomberg News February 13, 2013
- J&J Hip Recipient Says He Feared Surgery Would Kill Him Bloomberg News February 19, 2013
Articles about Depuy recall leading up to trial:
- FDA Examines Metal Hip Devices
- Congress Wading Into Faulty Hip Implant Issue
- Defective and dangerous medical device products. rushed to market with, "Gaps in FDA's postmarket surveillance show that unsafe and ineffective devices may continue to be used, despite being recalled."
- New York Times Remedy Is Elusive as Metallic Hips Fail at a Fast Rate
- Medical News Today Hip Replacement Recall By Depuy Orthopaedics Is Big News
- Independent UK Thousands of patients left in agony by faulty hip replacements. Nearly 8,000 people may have to undergo further surgery as an implant is recalled – three years after warnings about its defects.
- 24-7 News Lawsuits involving the recalled Johnson & Johnson DePuy ASR hip implant could be consolidated in a multidistrict litigation.
Metal on Metal Hip Device Recall - Depuy
Dean A. Goetz and the Gomez Law Firm were the attorneys for Mr. Loren Kranksy, the Plaintiff in the first Depuy trial in the USA. 3/6/13 at 9:38 a.m. PST A jury found Depuy liable to Mr. Loren Bill Kransky today in a Los Angeles Superior Court. FIRST verdict in the USA against Depuy for $8,328,000. We Are The Kransky Lawyers
Kranksy vs. Depuy and Johnson and Johnson, Los Angeles County Superior Court Case #BC456086
The Walking Wounded - Dean Goetz interviewed ABC Investigative Report - watch the whole investigative story on Depuy, aired 5/26/14, "Reporter Quentin McDermott reveals how a healthcare giant deceived doctors and patients using its ASR hip replacement implant." Australian class action cases go to trial in 2015.