To date, two DePuy ASR plaintiffs have seen their cases go to trial. The first, brought by former corrections officer Loren Kransky in California, resulted in a plaintiff’s victory that included an $8.3 million jury verdict. $338,000 were allocated to Kransky’s medical expenses, and the remaining $8 million went to his pain and suffering. The second trial, which took place in Cook County, Illinois (Chicago), resulted in a surprising victory for Johnson & Johnson. Both cases were brought in state courts, but more than 7,000 cases are pending in federal multidistrict litigation (MDL) in northern Illinois. The first bellwether trial was supposed to go forward in May, but District Court Judge David Katz postponed it until June 3. The second trial has also been pushed back from July to September.
Changes Announced in Scheduling Orders
In December 2012, the MDL court selected two plaintiffs’ cases, Faye Dorney-Madgitz’s (1:11dp20112) and Ann McCracken’s (1:11dp20485), as bellwethers. Dorney-Madgitz v. DePuy Orthopaedics was scheduled for May 13, 2013, but with an April 19 scheduling order, it will now begin on Monday, June 3, 2013. McCracken v. DePuy Orthopaedics was originally scheduled for July 8, but now it will proceed in September. Dorney-Madgitz and her husband, Harvey Madgitz, originally filed their lawsuit in the U.S. District Court for the Eastern District of Pennsylvania, where they lived. It was subsequently transferred to the MDL in the Northern District of Ohio.
RLG Represents DePuy ASR Recipients
It’s unfortunate for those who were anxiously waiting for the first federal-level DePuy ASR trial to begin that they’ll have to wait another three weeks. The results will greatly influence people’s perceptions of the merits of their cases against DePuy and its parent company, Johnson & Johnson. Moreover, Dorney-Madgitz will affect a larger number of pending cases than either Kransky or Strum will.
If you were implanted with a recalled DePuy ASR device, the fact that these cases are going to trial—one with a large verdict—means that you should not delay having your case evaluated. The lawyers at the Rottenstein Law Group want you to know that the amount of compensation from a DePuy lawsuit might include damages for full medical expenses, lost income, pain and suffering, and other costs. For a free, confidential legal consultation, click on this link or call 1-888-707-4470, and a lawyer will reach out to you as soon as possible.