Article reveals that the first of over 10,000 DePuy ASR lawsuits to go to trial, the Kransky case may provide clues as to how juries may react to future cases. Though DePuy has stated that it will appeal the decision, noting that jurors weren’t allowed to hear the FDA’s review and clearance of the device.
According to HarrisMartin, the jurors found for Kransky on damages for medical costs and on invisible injuries and emotional suffering and distress, awarding $338,236 in economic and $8 million in non-economic damages. They found that the device was defective, and that it injured the plaintiff, but did not agree that DePuy was liable for fraud or malice. All but one juror concluded that DePuy didn’t owe punitive damages.