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Utah Women Hears DePuy Hip Replacement Case In State Court

Written by lisaspitzer on . Posted in Depuy Hip Replacement News

DePuy Hip replacement lawyers are filing Utah cases for failed metal on metal hip replacements

Utah Woman Wins Right To Have DePuy Lawsuit Heard In State Court
April 10, 2012 by: Linda Grayling
DePuy Hip Replacement

A Salt Lake City woman has won her first legal battle with DePuy Orthopaedics over its defective hip replacements, and, in the process, given other victims the hope of receiving fair trials.

In a setback for the subsidiary of Johnson & Johnson, a federal judge ruled in March 2012 that LeAnn Brimley can have her case heard individually in Utah’s state court.

She will not be forced to join the multidistrict litigation (MDL) in the U.S. District Court for the Northern District of Ohio.

Attorneys believe that slow moving MDLs, where all the pre-trial proceedings are consolidated for similar cases, benefit large corporations. DePuy’s legal representation appeared to prove this when they fought aggressively to move Brimley’s case into the MDL.

DePuy had the nerve to claim that having to deal in multiple locations with lawsuits over devices that have endangered thousands could force the company to “suffer a hardship.”

“It’s unconscionable that these huge companies are claiming ‘hardship’ when thousands of victims just like LeAnn Brimley are living through the ‘hardship’ of enduring constant pain, surgery, and blood testing for metal poisoning — all because of the defective ASR hip implant,” said Brimley’s attorney. “Hers is the real ‘hardship’ in this whole situation.”
DePuy Hip Replacement

DePuy Hip Replacement

Utah is the fourth state in which DePuy patients have won the right to have their cases heard in state court. The other cases are in Florida, Nevada and Wisconsin.

In January 2012, a federal judge ruled that two Florida women can keep their ASR hip recall cases in Florida State Court instead of in U.S. Federal Court.

A press release reports the attorneys for the women “argued that DePuy’s Florida based distributor, Bayside Orthopaedics, should be held liable. According to the judge’s order, ‘it is undisputed that Bayside received commissions from DePuy for the marketing and sales of the product in question.

Entities that play an active role in promoting a particular product within the chain of distribution to the general public are strictly liable for any defect in the product.’ ”

DePuy is being sued by more than 5,000 patients after it recalled 93,000 ASR all-metal hip implants in August 2010. The devices included in the recall are the ASR XL Acetabular System and the ASR Hip Resurfacing System.

DePuy recalled the devices after researchers found early failure rates of the device meant 13 percent of patients would need a second corrective surgery within five years. More recently, studies have found the implants shed metal fragments, which have been linked to cancer.

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