Johnson & Johnson’s Subsidiary DePuy Files to Dismiss Lawsuit Before Scheduled Trial in January
Loren Kransky is a Vietnam veteran – he served in the 1970’s – where he was exposed to Agent Orange. Since then, he has been diagnosed by the Veteran’s Administration with diabetes, neuropathy, arterioschlerosis, and heart problems. He even required a replacement hip.
At the time, Mr. Kransky lived in North Dakota, and was seeing a doctor in Helena, Montana about his hip. Dr. Wendt, Kransky’s overseeing physician, recommended that Kransky receive a metal hip replacement device made by DePuy – specifically, the ASR model. In 2005, Kransky underwent the hip replacement surgery.
Since then, Kransky suffered side effects from his metal hip replacement. Due to his poor health, Superior Court Judge Richard A. Kramer scheduled Kransky as one of the first DePuy metal hip replacement trials, for January 13th, 2013. Because his trial was so early, Kransky was considered one of the bellwether trials in the DePuy ASR metal hip replacement MDL.
DePuy Finds Ground to Dismiss Kransky’s, and Five Other Plaintiffs’, Metal Hip Replacement Lawsuits
Kransky’s case was consolidated in the Superior Court of California, County of San Fransisco. DePuy has used that, and some other information, to motion to dismiss six of Kransky’s fourteen claims.
Because the metal hip replacement suit is in California, one of the claims alleges a violation of California Business and Professions Code by DePuy Orthopedics. However, DePuy argues that this claim is constitutionally inadmissible because “California has no interest in the application of its laws to this case.” The injury occurred in Montana, and Kransky was a resident of North Dakota.
Additionally, DePuy argues that Kransky’s case should not continue because his surgeon, Dr. Wendt, testified that the plaintiff was “well aware that metal-on-metal hip replacements such as the ASR XL hip implant may release metal ions and debris into the body.” Because Kransky had been warned about the potential side effects of the metal hip replacement, his injury claim does not stand. DePuy asserts that Dr. Wendt “was fully apprised of the risks and never advised Mr. Kransky otherwise.”
The Strom Law Firm Can Help with DePuy ASR and Pinnacle Metal Hip Replacement Injury Lawsuits
The metal hip replacement devices manufactured by DePuy are dangerous. The FDA said: “It is known that over time, the metal particles around some implants can cause damage to bone and/or tissue surrounding the implant and joint.” In addition, the FDA adds that there are a “small number of patients in which high levels of metal ions in the bloodstream may have caused other types of symptoms or illnesses elsewhere in the body, including effects on the heart, nervous system, and thyroid gland.”
In August 2010, DePuy recalled a number of their metal hip replacement devices. Currently, the DePuy Pinnacle Acetabular Cup System has not been made a part of that recall.
If you or a loved one has received a metal hip replacement device, specifically from DePuy Orthopedics, and have since suffered painful side effects, you may be entitled to compensation. The attorneys at the Strom Law Firm can help. We offer free, confidential consultations to discuss the facts of your case, so do not hesitate to contact us. 803.252.4800.