Another Legal Victory for Victims With Recalled DePuy ASR Hip Replacement Implants

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For the second time in less than a month, attorneys with the DePuy ASR Hip Recall Law Firm Alliance win a legal victory for ASR hip replacement victims. A Nevada judge ruled that three plaintiffs may keep their cases out of a complicated and slow moving federal court process known as an “MDL.” This comes just weeks after a Wisconsin judge made a similar ruling in the case of Malkmus v. DePuy Orthopaedics, Inc., et al.

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The U.S. District Judge’s order is an enormous blow to DePuy Orthopaedics’ strategy of funneling ASR hip recall cases through what is called Multi-District Litigation (MDL).

For the second time in less than a month, attorneys with the DePuy ASR Hip Recall Law Firm Alliance win a legal victory for ASR hip replacement implant victims. A judge in the U.S. District Court in Nevada ruled that three plaintiffs may keep their cases OUT of a complicated and slow moving federal court process known as an “MDL” (Case No. 2:11-CV-00634-PMP-GWF). This comes just weeks after a Wisconsin judge made a similar ruling in the case of Malkmus v. DePuy Orthopaedics, Inc., et al, in the United States District Court for the Eastern District of Wisconsin (Case No. 2:11-cv-365).

The U.S. District Judge’s order is a blow to DePuy Orthopaedics’ strategy of funneling ASR hip recall cases through what is called Multi-District Litigation (MDL), explains plaintiff's attorney Brian Franciskato. Proceedings in an MDL are complicated and typically take much longer than litigation in state court. “DePuy’s dogged efforts to keep these cases in the MDL shows that DePuy feels they have a better legal standing in the MDL venue than in state court,” says Franciskato of the DePuy ASR Hip Recall Law Firm Alliance. The Nevada lawsuit also holds DePuy's distributors liable in these cases. The complaint alleges that representatives of Precision Instruments, Inc. helped with the sales, education, training, and marketing efforts of the DePuy ASR hip replacement and even scrubbed into the surgeries of all three victims to assist the orthopedic surgeon.

Despite a worldwide recall of the ASR hip replacement, DePuy “expressly denies that the ASR devices are faulty in any manner,” according to their response to the Nevada lawsuit (Case No. 2:11-cv-00634-PMP-GWF). “Our clients would have to strongly disagree with that claim,” says Franciskato. “These victims have clearly gone through tremendous pain as a direct result of the defective ASR hip implants, and prolonging the litigation by herding their cases into the MDL only prolongs their pain.”

Plaintiff Katherine Guy’s total hip replacement surgery took place in 2006, according to the Nevada lawsuit. By 2009 her doctor discovered that the ASR hip implant had loosened and she needed another hip replacement operation. Guy now has permanent injuries and continues to suffer side effects from metal debris exposure. The complaint alleges that the metal debris came from the metal on metal ASR hip cup rubbing together and releasing metal shavings into her body.

The other two plaintiffs listed in the Nevada case, Anneliese Rundle and Martha Bender, were both implanted with the DePuy ASR Hip devices in 2009. It details how Bender’s pain began almost immediately. During a second surgery to remove the ASR hip, doctors found abnormal fluid in Bender’s hip, rotting tissue, and necrotic bone from toxic levels of metal debris. Rundle also endured a long and painful experience with her ASR hip and doctors later confirmed that she suffered from toxic metal on metal debris. She still battles problems with hip dislocation and may need yet another hip surgery.

DePuy reported that tens of thousands of patients in the United States have ASR hip replacements implanted in their bodies. In August of 2010, DePuy Orthopaedics, Inc.recalled the ASR hip replacement. Since the recall, orthopedic doctors and attorneys have reported mounting problems with the ASR hip replacement. These typically range from the hip loosening to the release of excessive levels of heavy metals into patients’ bodies.

The law firms of Nash & Franciskato, Maglio Christopher & Toale, P.A., and White & Wetherall are among those forming the DePuy ASR Hip Replacement Law Firm Alliance. These firms are currently representing patients with failed ASR hip replacements in state court lawsuits rather than through the MDL.

Go to the DePuy ASR Hip Recall Law Firm Alliance website for more information about how you can file your case in state court rather than through the MDL favored by DePuy.
Or call (877) 284-6600.

(Anneliese Rundle, Martha Bender and Katherine Guy v. DePuy Orthopaedics, Inc. and Precision Instruments, Inc., United States District Court, Clark County, Nevada. Case Number A-11-636272-C)

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