The trial is still progressing of Kransky vs J&J over the DePuy ASR all-metal hip recall. Lawyers for Mr Kransky say his condition is due to metal wear particles. A DePuy engineer was in the box yesterday.
Legal proceedings tend to be about fine points of law and interpretation. And so it is in this case, where the plain facts of the matter are that DePuy’s ASR hip was failing at an alarming rate (the exact rate being a matter for conjecture), which prompted the company to recall it. Once this all came to light, the cause and mechanism and consequence of failure became those “finer points” that have anything but minor consequences. If plaintiff Mr Kransky’s lawyers can establish that his blood was effectively poisoned by wear particles from these hips, and that all of this would have been avoidable if DePuy had acted in a different way, then his damages are likely to be significant and set a precedent for future plaintiffs.
DePuy meanwhile has accepted that its devices fell short and that despite having been through an unprecedented amount of testing, the tests missed the target. What it’s arguing about now is the wear particle poison issue, the company claiming that Mr Kransky was rendered a vasculopath by a number of concomitant diseases.
More to follow no doubt, but for a quick update, you could do worse than have a look at a Bloomberg article published yesterday (4th Feb), which can be found here.
Source: Bloomberg business week