Days after jurors heard closing arguments in the first of over 10,000 DePuy ASR hip implant lawsuits to be tried, an 83-year-old Oregon man, Michael Cham, will ask a San Francisco Superior Court judge for an expedited trial in his own DePuy ASR lawsuit. Cham will be in court on March 6, 2013, to present his request to Judge Richard A. Kramer, who oversees the coordinated DePuy ASR hip implant docket in California state court. If Judge Kramer grants the request, Cham’s suit would likely be the second of the thousands pending to be tried.
Plaintiff Cites Age and Deteriorating Health as Grounds for Early Trial
Mr. Cham, who has previously been under hospice care, filed a “Motion for Trial Preference” on January 7, 2013, citing his health and age as factors that would warrant an early trial date. The motion was bolstered by evidence provided by Mr. Cham’s doctors in further support of the request. Attorneys for DePuy Orthopedics, the Johnson & Johnson subsidiary that manufactured and then in 2010 recalled Mr. Cham’s hip implant, filed a brief in opposition to Mr. Cham’s motion, but Mr. Cham’s attorneys then filed a reply to the defendant’s opposition papers on February 7, 2013. Judge Kramer will hear oral arguments from both sides on March 6, 2013, before ruling on the motion.
One Down, Thousands to Go
In February 2013, Loren Kransky became the first of thousands to have his ASR hip implant case tried, and after a month of headline-grabbing testimony, jurors began deliberation in the first week of March. In closing arguments, Mr. Kransky’s attorneys described Johnson & Johnson as a “ruthless” corporation that put “profit ahead of patients” and urged the jury to award Mr. Kransky upwards of $175 million in punitive damages on top of $5 million for pain and suffering. The jury’s verdict in the Kransky case will be a strong predictor of how other ASR cases could play, especially Mr. Cham’s case if it indeed becomes second in line for trial.
Contact RLG Now for a Free DePuy Lawsuit Evaluation
The Rottenstein Law Group watches the dockets closely in all state and federal DePuy cases so that we can provide current and prospective plaintiffs with prompt case updates. If you received a DePuy hip implant, you should speak to an RLG attorney to discuss your eligibility to file a lawsuit. You could be entitled to compensation for medical expenses, lost income, and even pain and suffering. Even if your implant device has not yet failed or caused you any complications, you should act now to preserve your rights. At RLG, we have over 25 years of collective experience fighting large corporations and helping injured clients obtain the compensation they deserve. We invite you to discuss the details of your situation with one of our experienced litigators any time. Our consultations are 100 percent free. Just fill out this form or call 1-800-624-9568.