In December 2010, Loren Kransky filed a civil lawsuit against DePuy Orthopaedics after he sustained injuries from the ASR XL hip device. DePuy recently submitted a motion to the California Superior Court asking that some of Kransky's legal claims be dismissed since his surgeon was aware of the health risks associated with the ASR XL hip device before he performed Kransky's implant surgery.
Kransky is one of thousands of patients who filed personal injury lawsuits against DePuy Orthopaedics after suffering from medical complications caused by the manufacturer's defective ASR XL hip devices. The patients are seeking compensation for their medical expenses, pain and suffering and other costs incurred as a result of receiving the defective hip device.
During the litigation proceedings, DePuy is attempting to get as many claims as possible dismissed. For Loren Kransky's case, DePuy requested the California Superior Court dismiss six of the fourteen claims filed against the manufacturer. Loren Kransky is a Vietnam veteran who suffered from nerve damage, cardiac problems, and various other ailments. In 2005, Kransky had the ASR XL hip implant surgery. Dr. Wendt, Kransky's surgeon, testified that he knew the hip replacement devices deteriorate, release debris into the patient's bloodstream and damages surrounding tissues.
DePuy argued that since Dr. Wendt was fully aware of the risks associated with the hip device, they should not be held liable for failing to give Kransky sufficient warning about the device's possible medical complications. The manufacturer claimed that it was Dr. Wendt's responsibility to advise Kransky about the health risks of the hip implant surgery. Therefore, DePuy wants the court to dismiss claims that the manufacturer was negligent by failing to warn about the device's medical risks. A hearing for DePuy's motion will occur in January 2013.
DePuy ASR XL is an all-metal artificial hip device. The device was quickly approved by the Food and Drug Administration (FDA) since it was substantially similar to other products already in the market. The FDA did not require DePuy to conduct clinical trials proving that the device was safe for patients to use prior to granting approval.
After the hip device entered the market, the FDA received reports that the hip device was linked to serious medical complications in patients. The metal components of the device rubbed against each other and released debris into the patient's bloodstream. This led to many patients getting metallic poisoning.
Physicians stated that the hip device became loose and dislodged from its original position. As a result, patients felt chronic pain in the hip, leg and groin, and developed tissue damage and bone loss. Many patients needed to undergo surgery to replace the defective hip system. They also had to receive additional treatment for the other medical problems caused by the hip device. Nearly 40,000 patients received the hip device implant by the time it was voluntarily recalled in August 2010.
If you have been injured by a DePuy hip system or any other defective medical device, schedule a free consultation with a Maryland personal injury lawyer. An experienced personal injury lawyer will evaluate your case and let you know if you are entitled to receive compensation.
Published with the help of Attorney David Haenel.