The second DePuy case filed by Ms. Carol Strum is seeking $5 million in compensatory damages from Johnson & Johnson, including injuries allegedly caused by the DePuy ASR hip implant since 2009.
Carol Strum’s case has been deliberated and verdict is in favor with Johnson & Johnson and DePuy Orthopaedics. In contrast with the first DePuy case in which the jury awarded the plaintiff some $8.35 million for damages, the outcome of the second trial brought confusion into why juries have two different decisions. Both Kransky and Strum’s counsel presented before court that Johnson & Johnson and its subsidiary were aware of the DePuy ASR metal-on-metal hip implant’s failure rate.
But, unlike the California case, Judge Deborah Mary Dooling, who administered Strum’s case, she allowed Johnson & Johnson and Depuy Inc to use the preliminary review conducted by FDA in its defense. The preliminary review conducted by the Food and Drug Administration or FDA is an assessment whether device is good to be used in such surgeries. Although FDA asserted that it’s not a safety review, still court Judge Dooling accepted it as a counterargument by the complained parties.
Jury then based their decision by the evidence presented by Johnson & Johnson in which the ASR implant had passed FDA’s preliminary review; this took a big twist in the determination of the case. Thus, it influenced the jurors to shift the accusation from Johnson & Johnson to the Food and Drug Administration.
Therefore, this new argument may affect and can be a major factor for the following DePuy ASR trials.
To know more about it, refer to: FDA Assessment of DePuy ASR MIght Have Swayed Chicago Jurors
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