Orthopedic surgeon Gary Lynn Rasmussen, MD, is arguing that the $20 million verdict he won against Johnson & Johnson subsidiary DePuy Synthes should be tripled to $60 million, according to Law360.
The Murray, Utah-based surgeon on May 9 also asked a Massachusetts federal court to approve $8 million for attorney fees after blaming the opposition's alleged defense tactics for the litigation's high cost. DePuy is accused of withholding information and relitigating issues the court already decided.
The argument relates to a patent lawsuit Dr. Rasmussen won against the medical device company on March 15. A jury found the Balanced Sizer product included in DePuy's Attune knee system infringes on a device invented by the surgeon that reshapes existing bone and cartilage before knee replacements.
"The Balanced Sizer is uncomplicated, and infringement was clear. Yet the tab for Rasmussen's day in court? Over $8 million in attorneys' fees, and well over $2 million in costs," the filing said, according to Law360.
Dr. Rasmussen has requested a permanent injunction barring DePuy from making or selling the device. The company is seeking a new trial or a trial to recalculate damages.
DePuy told Becker's it "respectfully disagreed with the findings regarding the Balanced Sizer" and is "seeking post-trial relief."