In the first ASR™ Hip System case to go to trial in the United States, a jury in the California Superior Court, Los Angeles County, returned a mixed verdict after a five week trial. The jury found that the ASR XL was defectively designed. The jury rejected the plaintiff’s claim that DePuy Orthopaedics, Inc. failed to adequately warn of the risks associated with ASR XL.
“We believe ASR XL was properly designed, and that DePuy’s actions concerning the product were appropriate and responsible,” said Lorie Gawreluk, a spokeswoman for DePuy. “We plan to appeal the jury’s decision on design defect pending the outcome of post-trial motions. We believe we have a number of valid grounds for appeal, notably that the court didn’t let the company tell the jury about the Food and Drug Administration’s review and clearance of the device.”
The jury rejected plaintiff’s claim for punitive damages and awarded $8,338,000 in compensatory damages.