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The Kransky v. DePuy trial continued on Monday, February 25, 2013 with the Defendants calling to the stand Dr. Av Edidin.  Mr. Zellers conducted the direct examination and Mr. Kelly cross-examined Dr. Edidin.

Dr. Edidin testified as an expert in the science and engineering of orthopedic medical devices, specifically the kinds of devices that help people get motion back when there has been an injury in the joints. Dr. Edidin essentially opined that the way in which Mr. Kransky’s implant was positioned, the implant’s particular conditions, and the way Mr. Kransky walked, caused  a certain degree of wear to occur.  He further testified that this degree of wear was in keeping with what he would expect to see on an implant that was put in and was used in such a manner.  Finally, he testified that he believed the research, investigation, testing, and manufacturing of the ASR device was to a very high standard.

On cross-examination Mr. Kelly questioned Dr. Edidin’s testimony that he believed the ASR was not defective.  Mr. Kelly asked about Plaintiff’s own expert, Dr. Bobyn, who Dr. Edidin agreed was an expert in his field and highly regarded.  Mr. Kelly then asked Dr. Edidin whether the people likely most qualified to know about the design and efficacy of an implant were those people who actually designed the product, those people within DePuy.  Dr. Edidin agreed.  Mr. Kelly then pointed out that DePuy themselves admitted the product was defective, that those within the highest management level signed off on the fact that the ASR was defective.  It was also clarified that Dr. Edidin had spent a great deal of his career on spines, not hips.  Ultimately, Dr. Edidin would not answer whether he could explain why a device he deemed not defective had caused roughly 8,000 premature revisions.  Revisions are considered “injuries” by the very company selling the product.

Following the lunch recess, Mr. Calfo conducted the direct examination of Dr. Gonzalo Ballon-Landa for the Defendants.  Dr. Ballon-Landa is an infectious diseases doctor.  As a defense expert, he testified that he believed Mr. Kransky had an infection of his ASR hip, that his hip caused him pain, that the pain he had was stemming from the infection and that the infection was the reason why he had to have it taken out.  Defendants have claimed infection as a defense to their liability.

The day concluded with Dr. Ballon-Landa, to be resumed tomorrow.

The Kransky v. DePuy trial continued wit the testimony of Dr. Thomas Schmalzried.  Dr. Schmalzried was a key designer of the ASR and a member of the surgeon design committee.  He also received royalties through the sale of the device.  Mr. Zellers for the defendants conducted the direct examination and Mike Kelly for the Plaintiff cross-examined Dr. Schmalzried.

Day Seventeen of the Kransky trial against Johnson & Johnson and DePuy over their defective hip implant, the ASR, began with Defendants bringing to the stand expert Cyrus Rangan, M.D..

Dr. Rangan is a pediatrician, medical toxicologist, and director of the Bureau of Toxicology and Environmental Assessment in Los Angeles.  Mr. Calfo conducted the direct examination.  Dr. Rangan testified that Plaintiff’s expert Dr. Harrison was incorrect in his assessment of what levels of cobalt/chromium would be considered toxic.

Mr. Kelly for Plaintiff conducted the cross-examination of Dr. Rangan.  Dr. Rangan admitted that he had learned through an email provided by defense counsel that Dr. Harrison and Dr. Durrani had actually been working on developing guidelines to assist patients who would call the Poison Control Center with questions about their cobalt and chromium levels.

Next, Mr. Calfo for the defense called to the stand Dr. Dennis Paustenbach  Dr. Paustenbach is a toxicologist who was brought in to testify regarding chromium and cobalt.  Dr. Paustenbach testified that he absolutely believed Mr. Kransky was not poisoned by the ASR.

Mr. Panish for the Plaintiff then questioned Dr. Paustenbach on his history as an expert for large corporate defendants.  Dr. Paustenbach is considered the “go-to guy for industry defendants” and has been paid up to $5 million dollars, possibly more, for the 18 months he’s spent working with DePuy.  Dr. Paustenbach has also “saved” hundreds of millions of dollars in clean-up costs for chromium pollution in New Jersey.

Next Defendants played the excerpts of the video deposition of Dr. Thomas Vail, a surgeon who designed the ASR.  Dr. Vail was part of the surgeon design team of the ASR resurfacing and the ASR XL.  Dr. Vail received royalties from the sale of the ASR and he routinely implanted the devices in his own patients.

Defendants ended by playing the videotaped deposition of Pam Plouhar.  Ms. Plouhar is worldwide vice president for clinical research and was vice president for worldwide clinical affairs at DePuy Orthopaedics.

Following Plaintiff Bill Kransky’s testimony yesterday, day sixteen of the trial continued with an entire day of video deposition testimony.

Excerpts of the following individuals’ videotaped testimony were played:

• Paul Berman, Marketing Director J&J
• Christopher Hunt
• James Anderson
• Thomas Trotsky, M.D., Mr. Kransky’s Primary Care Physician
• Troy Fiddler, M.D., Mr. Kransky’s Treating Doctor
• Jeffrey Hansen, M.D., Mr. Kransky’s Revision Surgeon
• Daniel Harrington, sales representative for DePuy
• Paul Berman, resumed
• David Floyd
• Raphael Pascaud
• Andrew Ekdahl, World Wide President of DePuy
• Magnus Flett
• Paul Arnott, Complaint and Vigilance Manager at DePuy
• Paul Voorhorst
• Michael Rhee

Day Thirteen of the Kransky trial included excerpts of the videotape deposition of Randy Kilburn.  Mr. Kilburn is the worldwide vice president of marketing for DePuy.  Following the video excerpt, Mr. Kilburn himself took the stand.  Plaintiff’s counsel Mr. Panish conducted the direct examination of Mr. Kilburn and Defense counsel Mr. Zellers cross-examined him.

On Monday, February 11th, Plaintiff’s counsel continued their case by playing excerpts of the videotaped deposition of Michael Rhee, a DePuy employee.  Next, excerpts from the deposition of Dr. Thomas Trotsky were played.  Dr. Trotsky was Bill Kransky’s primary care physician for years and is intimately knowledgeable about his health and complications.

Following Dr. Trotsky, Jennifer “Jenny” Flynn took the stand.  Jenny is Bill Kransky’s daughter.  She is a registered nurse and took care of her father over the years.  John Gomez conducted the direct examination of Jenny.  Following the direct examination, Mr. Zellers conducted her cross-examination.

Finally, Plaintiff’s counsel played excerpts from the video deposition of Dr. Thomas Schmalzried.  Dr. Schmalzried is a surgeon and was a key designer of the ASR.  He also received royalties from the sale of the device.

On the eleventh day of the Kransky v. DePuy trial, Plaintiff’s counsel resumed playing videotape deposition excerpts of Dr. Jeffrey Hansen.  Dr. Hansen performed Bill Kransky’s revision surgery.  Following Dr.  Hansen, Plaintiff’s counsel resumed the direct examination of Dr. Craig Swenson, an orthopaedic surgeon who has dealt extensively with the ASR device and experienced its problems.  John Gomez conducted the direct examination.  Mr. Zellers for the Defendants conducted the cross examination.