On February 3, 2015, a jury in a Tulsa, Oklahoma concerning a DePuy hip replacement lawsuit, returned a verdict in favor of the plaintiff. The jury ordered the defendant, DePuy Orthopedics, to pay the plaintiff $2.5 million in a key hip implant product liability case.
The female plaintiff received a DePuy ASR XL metal-on-metal hip implants in 2006 and 2007. The implants required revision in 2011 and 2012. Ultimately, both hips failed.
Jurors began deliberations after hearing approximately three weeks of testimony. Jurors reached a verdict after about seven hours of deliberation. In Oklahoma, a jury verdict requires nine of 12 votes. The vote in this case was 10-2. While the jury found in favor of the plaintiff with regard to the defective product claim, it denied claims of negligence and failure to warn. Also, the jury awarded no punitive damages in the case.
DePuy Orthopedics may appeal the jury’s decision. In a previous lawsuit in which the plaintiff prevailed, DePuy proceeded with an appeal of the trial verdict. The Oklahoma trial was the third jury trial involving the ASR hip implant. In another case, DePuy prevailed. When an appeal of a trial verdict occurs, a reduced monetary award, a verdict reversal or an order to re-try the case is possible.
Hip Implant Litigation Still Possible
Most hip replacements in which revision surgery occurred before August 31, 2013, are part of a global agreement between implant recipients and the manufacturer. Lawsuits are still filed on behalf of patients that had hip revision surgery after the August 31, 2013, the original cut-off date for the initial settlement.
If you or a family member has received a DePuy ASR or other hip implant, it is possible to discuss your experience with an attorney. Our firm offers a free consultation with an attorney that focuses on relevant areas of the law. Such a consultation remains fully confidential, and it is without obligation. To learn more, please contact us.