Important Legal Victory Could Change How Hip Recall Cases are Filed in Florida

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This week a federal judge handed down an order that could change the way hundreds of patients with defective hip implants in Florida file their cases. The judge ruled that two Florida women, represented by attorneys from the DePuy ASR Hip Recall Law Firm Alliance, will get to keep their cases in Florida State Court instead of in U.S. Federal Court.

This legal victory is important because so far more than 3.300 other victims of the DePuy hip recall have been made part of a procedure called Mulitdistrict Litigation (MDL), which can work to the advantage of large corporate defendants.

This week a federal judge handed down an order that could change the way hundreds of patients with defective hip implants in Florida file their cases. The judge ruled that two Florida women will get to keep their DePuy ASR hip recall cases in Florida State Court instead of in U.S. Federal Court (Case No. 8:11-cv-2827-T-30EAJ).

The DePuy ASR Hip Recall Law Firm Alliance believes this legal victory is important because so far more than 3,300 other victims of the DePuy hip recall have been made part of a procedure called Multidistrict Litigation (MDL), which can work to the advantage of large corporate defendants like Johnson & Johnson and DePuy Orthopaedics, Inc.

In this case, attorneys from Maglio Christopher & Toale, P.A. and the Nash Franciskato Law Firm 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."

According hip recall attorney, Brian Franciskato, "this order is another enormous setback for DePuy's defense as their strategy appears to focus on funneling as many cases into the federal MDL as possible." Florida is the third state in which cases represented by the Hip Recall Law Firm Alliance have been sent from the MDL back to state courts. The other cases moved out of the MDL were in Nevada (Case Number A-11-636272-C) and Wisconsin (Case Number 2:11-cv-365).

In August of 2010, DePuy Orthopaedics, Inc. recalled almost 90,000 ASR hip replacements. 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 chromium and cobalt into patients' bodies. The law firms of Nash & Franciskato and Maglio Christopher & Toale, P.A., are among those forming the DePuy ASR Hip Recall 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. You can also toll free at (877) 284-6600.

(The case is Janine Barnes and Julie Fournier v. Bayside Orthopaedics, Inc., et al., United States District Court, Middle District of Florida, Tampa Division. Case Number 8:11-cv-2827-T-30EAJ)

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