Posted by Kim Truongle
March 9, 2013 – As reported in this blog yesterday, a jury in California returned a verdict for the Plaintiff for nearly $8.34 million. $8 million of that figure was awarded for non-economic damages, including physical pain and emotional suffering and distress. The jury agreed the ASR hip was defectively designed and the warnings regarding the risks of the implant were inadequate. The verdict was awarded after successful arguments by the Plaintiff’s attorneys to overcome defense attempts at blaming the method of implantation and the Plaintiff’s other health conditions. This is a large victory for the California Plaintiff, as well as for all other Plaintiffs who have an ASR case pending against DePuy and Johnson & Johnson.
What does this first trial verdict in an ASR case mean for your hip case?
Does this mean my case will gross millions of dollars?
No. The amount of this verdict has NO immediate bearing on the value of individual cases. It is important to remember that trials involve very specific facts; some of them may be applicable to you, and some may not. Additionally, case expenses are usually borne by the client, meaning that the costs of bringing this Plaintiff’s case to trial will most likely come out of the funds he ultimately receives – trying a case against DePuy, Johnson & Johnson, or any pharmaceutical company is not cheap.
The real impact this verdict has on the individual cases is that it is a weight that can push the Defendants to come to the negotiating table. This does not mean they will settle the cases immediately, but it is a force that may push them towards negotiations sooner than later.
When will my ASR hip trial occur?
The likelihood of your individual ASR hip case going to trial is low. There are many cases ahead of you in the court system, and the Judges overseeing the state and federal consolidations selected trials from the earliest cases in their courts, long before we came to know of you. However, this does not necessarily mean you will have to wait longer than most others for resolution of your claim. For cases like these with many claimants around the country, our experience is that if we reach a settlement, the defendants will likely negotiate a settlement of all our firm’s cases at once. This does not mean everyone we represent, nor everyone around the country, will necessarily gross the same amount. This is not a class action. We will post more information explaining the possible settlement process when the time for negotiations nears and is more appropriate. We are not at that stage of these cases yet.
With yesterday’s verdict in California, the Plaintiffs are on the right track in this litigation. For additional questions on your ASR hip case, please call us at (800) 269-3050.