Kranksky v. Depuy Court Of Appeals

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Long Road To Justice
7/21/16 Court of Appeals Upholds Kransky v. Depuy

In January 2013 a Jury awarded William Kransky $8,338,136 in damages for a defective Depuy ASR hip that was implanted in his body.  The hip device failed and it had to be removed. Depuy appealed the Judgment.  The Court of Appeals did not make their decision until July 21, 2016 and they Affirmed the verdict and judgment which means that the Kranskys won.  

Mr. Kransky was able to testify at his trial but never saw any of the money from his judgment because according to an autopsy - he died from "metalosis  due to metal hip prosthesis" on February 26, 2014.

It took more than 3 years for the Court of Appeals to affirm this decision.    

However, even Justice delayed is sweet.

Finally, Bill's widow, Sheryl Kransky will able to find some closure on this incredibly long experience with the civil justice system.

Depuy could appeal the case to the California Supreme Court which would delay the case AGAIN for up to 120 days but the end is in sight.

Hopefully, Bill Kransky is smiling up in heaven at this victory on his behalf.

The Kranksys are our clients and they are family to me and we will always continue to fight for them until they receive the Justice they deserve. 

Dean Goetz
Goetz Law Firm

Bill Kransky stepping into the Pacific Ocean with his lawyers, Dean Goetz and John Gomez.
Bill Kransky stepping into the Pacific Ocean with his lawyers,
Dean Goetz and John Gomez.

THE DECISION

JULY 21, 2016

SHERYL R. KRANSKY, as Personal
Representative, etc.,
Plaintiff and Respondent,
v.
DEPUY ORTHOPAEDICS, INC.,
Defendant and Appellant.

B249576 (Los Angeles County Super. Ct. No. BC456086)

APPEAL from a judgment of the Superior Court of Los Angeles County, J. Stephen Czuleger, Judge. Affirmed. O'Melveny & Myers, Charles C. Lifland, Richard B. Goetz, Cynthia A. Merrill and Jonathan P. Schneller for Defendant and Appellant. Law Offices of Martin N. Buchanan, Martin N. Buchanan; Gomez Iagmin Trial Attorneys, John H. Gomez; Law Offices of Dean A. Goetz, Dean A. Goetz; Walkup, Melodia, Kelly & Schoenberger, Michael A. Kelly and Khaldoun A. Baghdadi; Panish, Shea & Boyle and Brian J. Panish for Plaintiff and Respondent. 

DePuy Orthopaedics, Inc. appeals from a judgment in favor of Loren Kransky after a five-week jury trial. The jury found DePuy strictly liable under Montana law for the defective design of a hip implant that doctors ultimately had to remove from Kransky's hip in a risky and painful revision surgery. The jury awarded Kransky over $8.3 million: $338,136.12 in economic damages for medical expenses and $8 million in noneconomic damages. The jury did not find that DePuy acted with fraud or malice. DePuy challenges several evidentiary rulings, including the exclusion of evidence related to the hip implant's clearance by the federal Food and Drug Administration (FDA) for sale in the United States, and the admission of certain testimony by Kransky's expert witness and his treating physician. We conclude that the trial court did not abuse its discretion in any of its evidentiary rulings. DePuy also argues that the jury's verdict is not supported by substantial evidence and is internally inconsistent. We conclude that the verdict is supported by substantial evidence and is not irreconcilable. Finally, DePuy argues that the damages award is excessive. We conclude that the $8.3 million compensatory damages award is not so grossly out of proportion as to shock the conscience. Therefore, we affirm.

Read the whole Depuy APPEAL from a judgment of the Superior Court of Los Angeles County (PDF)

$8.3 Million Reasons to Choose Dean as your Attorney
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.

It took three and one half more years for this to finally end for Mr. Kransky's family, on 7/21/16 Court of Appeals Upholds Kransky v. Depuy.

November 2017: Dean Goetz with Mr. Kransky's full legal team Nominated (PDF press release) for Consumer Attorneys of California Attorney of the Year 2017  for our work in Kransky vs. Depuy, and Mr. Kransky's long road to justice.

The Walking Wounded - Dean Goetz interviewed on ABC (Australia ABC, a show similar to USA "60 Minutes") 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 Depuy class action cases go to trial in 2015, and those injured by their hip devices are now armed with what came out in Mr. Kransky's trial..

Articles published during the first Depuy trial on emerging information:

Articles about Depuy recall leading up to trial: