THIRD DEPUY ASR TRIAL RESULTS IN PLAINTIFF VERDICT
We are happy to report that a Tulsa County Oklahoma Jury found in favor of a Plaintiff in the the third DePuy ASR trial to date. This puts the overall scoreboard at 2-1. The jury returned a verdict of 2.5 million to Plaintiff Andrea Smith, who had undergone bilateral revision surgeries. We are hopeful this verdict will aid in resolving ongoing metal-on-metal hip litigations such as DePuy Pinnacle and Wright Conserve. Additionally, hopefully it will spur Johnson and Johnson to offer fair settlement on remaining cases that had revisions in 2014 and those that opted out of the settlement agreement.
DETAILS ON THE DECISION
The jury found for the Plaintiff’s claims that the hips were defectively designed. Plaintiff did not prevail on punitive damages or her failure to warn allegations. The jury voted 10-2 on the issues, thankfully Oklahoma does not require a unanimous verdict. The strict liability design defect claim in which the Plaintiff prevailed upon is sadly not recognized in many states but thankfully was the law of Oklahoma.
UPCOMING METAL ON METAL TRIALS
It is anticipated that another MDL Pinnacle trial will have scheduling soon. The first Wright Conserve case is set for trial in March. Also, the second Zimmer Durom cup trial is also scheduled in March. Stay tuned.