Depuy metal hip case study update
Kransky vs. Depuy Orthopaedics
As attorneys, we are constantly reading case law and updating our legal knowledge. One case we read recently was Kransky v. Depuy Orthopaedics. We are actively involved in the metal on metal hips lawsuit and are always concerned when a court of appeals has the chance to un-do a favorable trial verdict. There were many issues presented on appeal, however, perhaps the most compelling part of the decision involved the issue of damages.
Here is a quote right from the decision.
“The trial court did not abuse its discretion in ruling that the $8 million verdict "does not shock the conscience" or "appear driven by passion or prejudice." The jury heard evidence of Kransky's severe pain, his loss of mobility, and his sincere and realistic fear of dying during the revision surgery. Kransky testified that, for years before his revision surgery, he experienced constant, debilitating, stabbing pain that prevented him from getting any rest. His "other illnesses would come and go," but "the hip pain was always there," and there was "no way" to "get rid of any of the pain." For approximately five years Kransky could barely walk. He could not engage in the daily activities he had enjoyed before the implant surgery, like "keeping his own yard up and mowing it." Kransky testified, "I would fall and I couldn't trust myself to go out and mow the lawn." He could no longer play with his grandchildren or attend their athletic events. For nine months Kransky was confined to a wheelchair. He testified, "Every time I'd look at the wheelchair, I'd get disgusted because I was kind of strapped to it. I couldn't go anywhere or do anything without it." At one point Kransky's mobility problems prevented him from showering or going to the bathroom on his own. Kransky testified, "Well, my daughters are nurses, so they would help me shower and go to the bathroom. It's very embarrassing to have your daughter have to help you do personal things like that. That went on for quite some time." The mobility problems also prevented Kransky from rehabilitating after he suffered a stroke, and from mitigating his other health problems, because he "couldn't walk, couldn't do the things he should do to rehab." He "never could get well because that hip was always there."”
Reading this, we were more proud than ever to help hold the giant corporations who make defective medical devices accountable. Mr. Kransky suffered horribly and the giant corporation who was responsible for that suffering was made to compensate him. That is why we do what we do.
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