DePuy ASR Hip Lawsuit Update: Depositions of Company Executives Scheduled

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DePuy ASR hip lawsuits in federal court move forward with several depositions of DePuy executives scheduled, Bernstein Liebhard LLP reports.

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“Given their high ranking positions within the company, the depositions should shed new light into the circumstances surrounding the August 2010 ASR hip recall,” said Bernstein Liebhard LLP.

DePuy ASR hip lawsuits in the federal consolidated action, In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation (“MDL No. 2197”), continue to proceed with several depositions of DePuy executives scheduled to take place in the next three months, Bernstein Liebhard LLP reports.* On August 22, 2012, eight depositions were noticed in the federal DePuy ASR hip litigation, which is pending before the Honorable David A. Katz in the U.S. District Court for the Northern District of Ohio. Among those slated to be deposed are David Floyd, former U.S. and Worldwide President of DePuy Orthopaedics at the time the August 2010 ASR hip recall was issued, and Andrew Ekdahl, President of DePuy Orthopaedics, Inc. Floyd resigned as president of DePuy in March 2011. Ekdahl was named president in June 2011.

“Given their high ranking positions within the company, the depositions should shed new light into the circumstances surrounding the August 2010 ASR hip recall,” said Bernstein Liebhard LLP, a nationwide law firm representing clients who have filed DePuy ASR hip recall lawsuits.

In February 2012, a New York Times investigation revealed that Floyd was notified that the U.S. Food and Drug Administration (“FDA”) refused to approve one version of the recalled ASR hip devices.** In August 2009, Pamela Plouhar, a vice president of DePuy Orthopaedics, emailed three executives, including Floyd. In the email, Plouhar explained that the FDA reviewed company studies and clinical data and ultimately concluded that the device did not meet the FDA’s approval standards because of its high early failure rates. She also noted that conducting a new study of the ASR hip replacement might take years, and not change the FDA’s decision. Plouhar wrote, “The team’s concern is that given the revision rate in the ASR group that we will still not be able to demonstrate non-inferiority, with additional downside risk.” Although company executives knew of the serious ASR hip replacement injuries in August 2009, it took a year for the company to act.

Additional Top Executives To Testify About ASR Hip Recall

In addition to David Floyd and Andrew Ekdahl, other company executives were also noticed, including:

  •     Matt Reimink, Manager, Development, DePuy Orthopaedics, Inc.;
  •     Mary Stewart, Research & Development, DePuy International Ltd.;
  •     Paul Voorhorst, Director, Biostatistics & Data Management, DePuy Orthopaedics, Inc.;
  •     Paul Kurring, Director of Marketing, International Hip Business, DePuy Int’l. Ltd.;
  •     Rodrigo Diaz, Manager Clinical Research, DePuy Orthopaedics, Inc.; and
  •     Tom Camino, WW Hip Development Director, DePuy Orthopaedics Inc.

The DePuy executives have been asked to produce documents, notes, outlines, presentation materials, testimonies and oral proposals prepared or given to them that reference or relate to the ASR hip recall.

DePuy ASR hip recall lawsuits continue to be filed by Bernstein Liebhard LLP on behalf of individuals who received DePuy ASR hip implants. Those who have suffered damages as a result of being implanted with a metal-on-metal hip may be entitled to compensation for medical expenses, pain and suffering, lost wages and other injuries. Learn more by watching this DePuy ASR hip recall video, or by visiting our website, For more information, contact a lawyer at Bernstein Liebhard LLP today at (877) 779-1414.

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About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past nine consecutive years. Only two firms in the country have been selected for the Hot List nine years in a row.

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Contact Information:
Felecia L. Stern, Esq.
Bernstein Liebhard LLP

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