Critical Victory in DePuy Hip Litigation: PSB Defeats Motion to Dismiss
Since the recall of the DePuy ASR hip, the attorneys of PSB have filed almost 200 cases in Los Angeles Superior Court on behalf of plaintiffs who received this defective product. The design of the ASR hip causes it to fail years earlier than other hip replacements, necessitating revision surgeries, and causing other injuries. PSB brought these cases in California because the lead surgeon designer of the ASR hip, Dr. Thomas Schmalzried, is a resident of LA county, and because a significant number of events involving the hip took place in California. Because of these connections, the cases can be prosecuted in the state courts of California, even when the Plaintiff resides elsewhere.
Recently, the manufacturer of the ASR hip, DePuy Orthopaedics, and it’s parent company Johnson & Johnson, Inc., sought to dismiss one of the earliest filed cases involving a plaintiff who is not a resident of California. The defendants argued that the case (Darling v. DePuy Orthopaedics, Inc.) should be dismissed and prosecuted in Connecticut, the state in which Mr. Darling lives. While the defendants argued that this would serve the convenience of the parties, the fact is that dismissal of the case would have caused delay, forcing the Plaintiff to wait much longer for his day in court. On May 14, Judge Richard Kramer denied defendants’ motion, and agreed with PSB’s argument that it is appropriate for ASR cases to be prosecuted in California’s state courts. This was a significant victory for patients all over the country who received ASR hips and suffered injury as a result.
If you have questions about the DePuy ASR hip litigation, or any case involving a metal-on-metal hip implant, please contact Peter Polos or Pete Kaufman.