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.
Goetz Law Firm
Bill Kransky stepping into the Pacific Ocean with his lawyers,
Dean Goetz and John Gomez.
JULY 21, 2016
SHERYL R. KRANSKY, as Personal
Plaintiff and Respondent,
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.
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.
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. Kranksy vs. Depuy and Johnson & Johnson, Los Angeles County Superior Court Case #BC456086
This video is an outake from an ABC Investigative Report The Walking Wounded. Dean Goetz interviewed by Reporter Quentin McDermott - a healthcare giant deceived doctors and patients using its ASR hip replacement implant. "The extent of the apparent cover-up is breathtaking."