{"id":1595,"date":"2013-03-08T23:48:01","date_gmt":"2013-03-08T23:48:01","guid":{"rendered":"http:\/\/sandiegopersonalinjuryattorney.pro\/law\/?p=1595"},"modified":"2013-03-08T23:48:01","modified_gmt":"2013-03-08T23:48:01","slug":"kransky-v-depuy-trial-day-three-1292013","status":"publish","type":"post","link":"https:\/\/www.sandiegopersonalinjuryattorney.pro\/law\/kransky-v-depuy-trial-day-three-1292013\/","title":{"rendered":"Kransky v. DePuy Trial \u2013 Day Three, 1\/29\/2013"},"content":{"rendered":"

January 29th Morning session:<\/strong><\/p>\n

Plaintiff\u2019s counsel continued their case by playing a video deposition excerpt of Dr. Thomas Vail, a member of the surgeon design team who helped to design the ASR and also received royalties from the sale of the device.\u00a0 Dr. Vail admitted that DePuy did not notify him beforehand that they were recalling the product.\u00a0\u00a0 When pressed on the issue of whether he believed the ASR to be defective, Dr. Vail would not answer the question but only state repeatedly \u201cI\u2019ve not used the term \u2018defective\u2019 to describe the ASR product.\u201d<\/p>\n

Next, Plaintiff\u2019s counsel called to the stand Dr. Craig Swenson, an orthopedic surgeon, to testify about his experience with the ASR XL.\u00a0 Our own John Gomez performed the direct examination.\u00a0 Dr. Swenson took the jury through a \u201cHips 101,\u201d explaining to them how that area of the body functions, when a hip replacement surgery is needed, how it is performed, possible consequences, and what can cause a need for a revision.\u00a0 He then went into detail about his experience with the ASR XL, the revisions he has performed on his own patients, and his beliefs regarding the efficacy and safety of the device. He described that he has a very high failure rate among his ASR patients and that in his opinion, the angle of implantation (one defense DePuy argued early on) did not matter with regards to the failure rate.<\/p>\n

Dr. Swenson explained that some of his patients experienced pseudotumors and other soft tissue masses.\u00a0 He further explained, \u201cIt\u2019s a soft tissue mass which goes down and communicates with the joint.\u00a0 The body has tried to \u2013 the movement of the parts of this hip, I believe, is generating metal particles, and the body\u2019s responding to these metal particles by trying to contain them.\u00a0 Since the particles keep coming, the body responds by making fluid, and you develop this cystic getting bigger and bigger\u2026But as the mass gets bigger, it displaces the normal tissue.\u00a0 The hip capsule gets destroyed by the mass.\u00a0 The muscles around the hip \u2013 in his case, the external rotators got destroyed by the mass, but in other patients the abductors have been destroyed by the mass, and in other cases, the bone and other muscles have been destroyed by the mass.\u201d<\/p>\n

Dr. Swenson went on to describe various ways the ASR has failed, including \u201cbone removing injury\u201d and very high metal ion levels in the blood due to the prosthesis wearing and grinding away.\u00a0 He also described the numerous symptoms his patients with the ASR experienced, including limping, grating, grinding, popping, and squeaking.\u00a0 To date, Dr. Swenson has put in 206 ASR hip implants.\u00a0 He has revised 70 patients, knows of 4 patients that have been revised by other surgeons, and has another 4 scheduled to perform a revision.\u00a0 His next ASR revision is this upcoming Monday.<\/p>\n

Mr.\u00a0 Gomez then presented Dr. Swenson with a picture of a brochure by\u00a0 Johnson & Johnson \u00a0and DePuy, which claimed a success rate of 99.2 percent at three years.\u00a0 Dr. Swenson recalled seeing such a brochure.\u00a0 When Mr. Gomez asked him if that was his experience with the device he answered \u201c[n]ot at all.\u201d<\/p>\n

Dr. Swenson also testified as to what information he was told by DePuy while he was using and implanting the ASR in his patients.\u00a0 He was not told of the concerns about edge\/rim loading, that in 2007 DePuy\u2019s testing indicated the ASR would produce 16 times as much metal wear as compared to other hip implants Dr. Swenson was already using, that an DePuy engineer named Chris Hunt identified a number of these design flaws and suggested a redesign, or that Project ALPHA was a code name for a redesign project that was ultimately abandoned.<\/p>\n

Trial ended in the afternoon, with Dr. Swenson\u2019s direct examination to continue tomorrow.<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

January 29th Morning session: Plaintiff\u2019s counsel continued their case by playing a video deposition excerpt of Dr. Thomas Vail, a member of the surgeon design team who helped to design the ASR and also received royalties from the sale of the device.\u00a0 Dr. Vail admitted that DePuy did not notify him beforehand that they were … Continue reading “Kransky v. DePuy Trial \u2013 Day Three, 1\/29\/2013”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[19],"tags":[],"class_list":["post-1595","post","type-post","status-publish","format-standard","hentry","category-depuy-trial"],"_links":{"self":[{"href":"https:\/\/www.sandiegopersonalinjuryattorney.pro\/law\/wp-json\/wp\/v2\/posts\/1595","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.sandiegopersonalinjuryattorney.pro\/law\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.sandiegopersonalinjuryattorney.pro\/law\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.sandiegopersonalinjuryattorney.pro\/law\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.sandiegopersonalinjuryattorney.pro\/law\/wp-json\/wp\/v2\/comments?post=1595"}],"version-history":[{"count":0,"href":"https:\/\/www.sandiegopersonalinjuryattorney.pro\/law\/wp-json\/wp\/v2\/posts\/1595\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.sandiegopersonalinjuryattorney.pro\/law\/wp-json\/wp\/v2\/media?parent=1595"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.sandiegopersonalinjuryattorney.pro\/law\/wp-json\/wp\/v2\/categories?post=1595"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.sandiegopersonalinjuryattorney.pro\/law\/wp-json\/wp\/v2\/tags?post=1595"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}