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GTP Classic: Michael A. Kelly | Loren Kransky v. DePuy Orthopaedics, Inc. | $8.3 million verdict


This week we’re replaying a classic episode where your hosts Steve Lowry and Yvonne Godfrey interview Michael A. Kelly of Walkup, Melodia, Kelly & Schoenberger (https://www.walkuplawoffice.com)

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Episode Details:

Accomplished California personal injury lawyer Michael A. Kelly, a shareholder at Walkup, Melodia, Kelly & Schoenberger and recent Trial Lawyer Hall of Fame inductee, shares how he secured justice for the first of thousands of victims of a defectively designed medical device. On December 5, 2007, U.S. Air Force veteran Loren "Bill" Kransky underwent hip surgery in Montana, receiving a DePuy ASR Acetabular Hip System orthopaedic implant. DePuy, a subsidiary of Johnson & Johnson, first put the ASR Acetabular Hip System on the market in Europe in 2004, and soon after began receiving notifications from prominent surgeons that the device was flawed. Despite receiving these notifications, DePuy continued to market the metal implant as a low-wear product that required only one surgery and failed to report product issues to American doctors. On August 4, 2010, a recall was issued and the Depuy ASR Acetabular Hip System was labeled as defective, but the damage was already done for millions of patients, including Loren. Following the recall, Loren underwent revision surgery to have the implant removed because it was shedding metal debris into the tissue of his hip and bloodstream. In March 2013, a Los Angeles jury returned a verdict in favor of Loren, awarding $8,338,136.12 in damages for the pain caused by the defective design and ultimately helping to facilitate a $2.5 billion national settlement for all victims. 

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Guest Bio:

Michael A. Kelly

Mike Kelly is one of the nation’s top personal injury attorneys. For four decades he has protected consumers from corporate greed, medical mistakes, dangerous household products, unsafe medical devices, and motor vehicle accidents of every kind. He has tried, settled, and arbitrated more than 200 cases where the recovery by his client exceeded $1 million. In 2020 he helped negotiate the multibillion-dollar resolution of the 2017 California wildfire lawsuits brought against utility giant PG&E. Before that, his $8.341 million verdict in the first DePuy ASR/Johnson & Johnson metal-on-metal artificial hip litigation helped produce a $2.5 billion national settlement for all victims.

In 2021 Mike was the number one vote-getter for the second year in a row on the 2021 list of Northern California “Super Lawyers”. A member of the prestigious Inner Circle of Advocates, Kelly was also included on the “Top 10” and “Top 100” list of lawyers in Northern California for the 18th time, as well as being selected by Best Lawyers to its prestigious roster for the 20th consecutive year. Recognized for his leadership in some of the most significant consumer protection cases in our state, Kelly made the list of the Los Angeles Daily Journal’s 2021 Top Plaintiff Lawyers and was inducted into Lawdragon’s Hall of Fame for his many years of pro-consumer successes, most recently demonstrated by his role in the litigation against the giant utility PG&E for the damage caused by the 2017-2018 Northern California wildfires and the devastating Butte County Camp Fire.

When resolution by mediation or settlement fails, Kelly is ready to take his clients’ cases before juries. Recent trials have produced a $4 million jury verdict against the Golden Gate Bridge Highway and Transportation District for the death of a pedestrian struck by one of its buses, a $5.6 million jury verdict against a Super Shuttle driver for the death of a retired restaurateur, a $12.75 million recovery against a domestic automaker(auto rollover), a $10.5 million settlement for the wrongful death of a single mother, and a major 8-figure confidential settlement against Kaiser Health Plan for a catastrophically injured infant. His $8.35 million verdict on behalf of a construction worker who lost an arm showed his skill in work-site injury cases. His $23.2 million jury verdict in a birth injury medical malpractice case in Minnesota ranks among that state’s largest verdicts for obstetrical injury.

Beyond stellar results for his clients, Kelly is proud of his many contributions to the legal community. He is a speaker for 360 Advocacy for whom he chairs its annual Trucking Litigation program. He teaches regularly for NITA, The Rutter Group, ABOTA, the Consumer Attorneys of California, AAJ, SFTLA, and the Bar Association of San Francisco. He served for 10 years as the Director of Teacher Training programs for the National Institute of Trial Advocacy and remains a member of its Board of Governors. He has long been active in protecting the rights of the underrepresented, working for pedestrian and bicyclist safety, lobbying for compensation fairness for medical malpractice victims, and protecting the rights of the LGBT community.

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Stages Of A Jury Trial - Part 1

Stages Of A Jury Trial - Part 2

Episode 157: Jake & Genevieve Zimmerman | Pozner v. Fetzer | $450,000 verdict

This week Steve and Yvonne interview Jake Zimmerman of The Zimmerman Firm (http://zimmerman-firm.com) and Genevieve Zimmerman of MeshBesher and Spence Lawyers (https://www.meshbesher.com).

 

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View/Download Trial Documents

 

Guest Bios:

Jake Zimmerman

Jake Zimmerman has litigated on behalf of plaintiffs whose total recoveries approach a billion dollars. Much of his practice focuses on intellectual property disputes, and on patent litigation and licensing in particular. He has also litigated high-stakes cases on behalf of personal injury plaintiffs and defendants. He was selected as a 2019 Attorney of the Year in Minnesota for his groundbreaking work on behalf of a parent whose son was killed at Sandy Hook. He was again selected as an Attorney of the Year in Minnesota in 2021 for his role in appeals from the Bair Hugger MDL litigation against 3M. 

Jake graduated Magna Cum Laude from the University of Minnesota School of Law. He lives in Saint Paul, Minnesota with his wife, Genevieve, and two wonderful children.

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Genevieve Zimmerman

Genevieve presently serves as court-appointed Co-Lead Counsel for plaintiffs in MDL 2666: In re Bair Hugger Products Liability Litigation. Genevieve was trial counsel in the only bellwether trial. The Bair Hugger MDL includes claims brought by patients who allege the Bair Hugger patient warming system caused deep joint infections following total hip and total knee replacement surgeries.

Genevieve is also Co-Lead Counsel for Plaintiffs in MDL 2775: In re Smith & Nephew Birmingham Hip Resurfacing Products Liability pending in the District of Maryland. The MDL includes claims brought on behalf of patients who required revision surgery as a result of defective BHR products. Plaintiffs have successfully defeated a motion to dismiss based on preemption and tried the first MDL bellwether case in July 2021. After a three week trial, the jury agreed Smith & Nephew was negligent for it’s false or misleading communications to orthopedic surgeons.

Since 2013, Genevieve has served as a court-appointed member of the Plaintiffs’ Lead Counsel Committee for MDL 2441: In re Stryker Rejuvenate and ABGII Hip Implant Products Liability Litigation, and is also one of four attorneys appointed to the Settlement Committee for the Stryker MDL, which helped to negotiate a settlement in excess of $1.43 billion.

Additionally, in May of 2019, Genevieve was appointed to the Plaintiff’s Executive Committee of the 3M Combat earplug litigation MDL.

She is one of 14 lawyers appointed by Judge Englehardt to MDL 2740, In re Taxotere, which includes claims brought by women who have suffered permanent baldness as a result of the use of Taxotere.

She was court appointed to the PSC for the Biomet MDL in the Northern District of Louisiana, and helps patients suffering from hips made by Smith & Nephew, DePuy, Wright/MicroPort, and Zimmer.

Genevieve’s past work includes helping heart defibrillator patients after a Guidant recall in 2006. She represented patients who suffered serious injuries and death following use of the recalled prescription drug Vioxx. She has assisted hundreds of clients in obtaining settlements for defective products including Yaz, transvaginal mesh, hernia mesh, Actos, to name a few.

During 2007-2009, Genevieve spent nearly 75% of her time providing pro bono legal services to the survivors and families who lost loved ones as a result of the I-35W Bridge Collapse. The consortium was successful in obtaining recoveries exceeding $75 million.

Genevieve serves the community through ongoing pro bono work where she has represented victims of domestic violence seeking to obtain court orders for protection, immigrants seeking to update immigration documents, and high school students seeking protection of their first amendment rights to equal access to school facilities.

Genevieve is currently the immediate Past President for the Minnesota Association for Justice, having served on the Board of Governors since 2009, and was proud to receive the “Member of the Year” award in 2012, and the “Star” award in 2021. She is a past member of the Board of Governors for the American Association for Justice. Genevieve has been rated by SuperLawyers as a Super Lawyer since 2014.

On a personal note, Genevieve volunteers and raises money for scholarship funds for her alma mater, St. Paul Central High School. In whatever free time she has left, she enjoys travel, skiing, recreational marathons, teaching her kids how to swing a hammer, shovel class five, and cheer for her Minnesota sports teams.

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Show Sponsors:

Legal Technology Services - LegalTechService.com

Digital Law Marketing - DigitalLawMarketing.com

Harris Lowry Manton LLP - hlmlawfirm.com

 

Free Resources:

Stages Of A Jury Trial - Part 1

Stages Of A Jury Trial - Part 2