Kranksy vs. Depuy, Johnson & Johnson
Los Angeles County Superior Court
On August 23, 2010 Depuy recalled the Depuy ASR hip device. The failure rate for the Depuy ASR XL is between 30% and 46% depending on what study is referenced. The failure rate and the recall are strong evidence that the ASR is defective. However, Depuy and Johnson and Johnson have hired multiple law firms with hundreds of lawyers to argue in court that the Depuy ASR is not a defective device.
The first Depuy ASR XL case to actually go to a jury in the U.S. was Loren Bill Kranksy vs. Depuy and J & J. Mr. Kranksy obtained a verdict of $8,338,136. He received $8,000,000 in general damages for pain and suffering and $338,316 in special (medical) damages.
At the Kransky trial the Depuy lawyers frequently referred to the lawyers who were representing Mr. Kransky as "those Kransky lawyers," as if this was a bad thing to be. They argued that it was wrong for Mr. Kransky's lawyers to help find a surgeon for Bill who would take out his defective ASR hip device. They suggested that his ASR revision surgery was lawyer driven but the medical testimony and the photographs presented at trial clearly showed that Bill Kransky had his ASR removed because of the metal debris in his hip joint capsule and the resultant metalosis. The metal fretting from the defective ASR device had killed his hip tissue and muscles. If the Depuy ASR had not been removed, Bill Kransky might not be alive today.
Dean Goetz (Goetz Law Offices) and John Gomez (Gomez Law Firm) are the lawyers who have represented Loren Bill Kransky from the beginning of his Depuy ASR nightmare. Dean Goetz and John Gomez are proud to be the Kransky Lawyers.
How the Kranksy battle began.
Approximately one year after Bill Kransky had the Depuy ASR XL implanted in his hip he found out that he had kidney cancer and he had to have one of his kidneys removed. In August 2012 several years after Bill had one of his kidneys removed he was told the cancer was back.
At this time the Kransky family informed Dean Goetz that Bill had been told that his cancer was back and that his recent PED scan lit up like a Christmas tree. His oncologist and other doctors thought Bill had numerous cancerous lymph nodes and he would die within two to three months.
Attorney Goetz knew that the only way to give Bill a chance to have his day in court was to ask the Court to give Mr. Kransky an advanced trial date. Therefore, Dean Goetz immediately prepared and filed a Preference Motion asking Judge Richard Kramer of the San Francisco County California Superior Court to place Bill's case on the trial calendar within 120 days as called for under California Law, if the plaintiff has less than six months to live. One of Bill's doctors signed a declaration stating that in his opinion Bill would die within six months. All of Bill's doctors thought he would die within a few months. The Preference Motion was granted and the case was set for trial in Los Angeles Superior Court on January 22, 2013.
John Gomez and Dean Goetz flew to Montana and spent several days with the Kransky family in Miles City, Montana. They spent alot of time with Bill and Bill's wife, Sheryl, and their daughters, Jenny and Jessica, and two of their grandchildren. Bill was very sick and his close knit family was very sad that Dad was dying but Bill desperately wanted to have his day in Court. He had been wronged by Depuy and Johnson and Johnson and he wanted others to know what they had done to him by selling the defective Depuy ASR XL hip replacement device.
One day while they were in Miles City in Bill's living room, Dean Goetz asked Bill Kransky, if he was going to stay alive for his trial and he responded that he would "try." Dean said: "Bill that is not good enough, you are a strong Montana man, and you have to promise me right now that you will stay alive for your trial." Bill looked at Dean and thought for a moment and said: "Ok I promise that I will stay alive for my trial." Bill Kransky had a strong will to live and a good family and he kept his promise.
After taking 20 depositions in Montana, North Dakota, Wyoming, Idaho, New York, and Boston over a period of 4 months and presenting the Kransky case to a jury for 5 weeks in downtown Los Angeles the Kransky family legal battle with Depuy resulted in a verdict in favor of Bill Kransky.
On March 8, 2013 Loren Bill Kransky obtained a jury verdict in Los Angeles Superior Court for $8.3 million because Dean Goetz and John Gomez got him an expedited trial date. Bill Kransky got to tell the jury and the world his story because he had a number of excellent lawyers and two good men on his side.
Somehow Bill Kransky made it through the trial and he is not only still alive but he seems to be getting better. It appears that his doctors were wrong and the inflamed lymph nodes that were thought to be cancerous may have been inflamed for other reasons. Maybe, it was the cobalt and chromium from the Depuy ASR XL that caused the inflammation.
Dean Goetz and John Gomez will continue to fight hard for all their other Depuy ASR clients and seek justice for each and every one of them. The Depuy ASR case is not a Class Action lawsuit. Each person who has been injured by the defective Depuy ASR is entitled to his or her day in Court in front of a jury just like Bill Kransky.
March 8, 2013 will be remembered as a good day for justice in America and a good day for the many victims of the defective Depuy ASR XL hip replacement device.
Dean Goetz and John Gomez are proud of the battle they fought on behalf of Bill Kranksy and his family. Dean Goetz and John Gomez are proud to be the Kransky Lawyers.
$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:
- 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.