No one who believes he or she was harmed by an ASR device should be discouraged by this development. The remaining 10 causes of action are the strong ones.
(PRWEB) January 24, 2013
On the eve of the nation’s first DePuy ASR hip replacement trial in California, the lawsuit will proceed with 10 of 14 asserted causes of action, the Rottenstein Law Group reports.
According to court documents, the allegations include the following asserted causes of action in the trial (In re: Loren Kransky and Sheryl Kransky v. DePuy, Inc., et al., BC456086, Los Angeles Superior Court): negligence; strict products liability, design defect; strict products liability, failure to warn; failure to adequately test; breach of express warranty; breach of implied warranty of merchantability; breach of implied warranty of fitness for a particular purpose; fraudulent misrepresentation; intentional misrepresentation; and negligent misrepresentation.
Also according to the court documents: The plaintiffs agreed to voluntarily dismiss “loss of consortium” as a cause of action. The court dismissed three more at the request of the defendants: strict products liability, manufacturing defect; negligent recall; and unlawful, unfair and fraudulent business practices in violation of California Business and Professions Code Section 17200, et seq.
“The fact that a majority of the causes of action remain is a good sign for the plaintiffs,” said Rochelle Rottenstein, principal of the Rottenstein Law Group. “No one who believes he or she was harmed by an ASR device should be discouraged by this development. The remaining 10 causes of action are the strong ones.”
The Kranskys are suing Johnson & Johnson and its subsidiary DePuy, alleging the company knew it had produced a faulty product, which Kransky says has caused him medical problems, including metal poisoning from the metal-on-metal grinding of the device’s components, according to court documents. Johnson & Johnson recalled the ASR in 2010.
The trial proper is scheduled to begin Friday, Jan. 25, in Los Angeles. The New York Times has reported in the run-up to the trial that Johnson & Johnson knew that about 40 percent of the ASR hip implants would fail within five years.
The Rottenstein Law Group maintains a DePuy ASR Hip Lawsuit Information Center that provides updates on the DePuy recall and information about the device’s side effects and tips on the next steps in the process toward evaluating whether DePuy ASR hip replacement recipients should file lawsuits.
There are currently about 10,000 DePuy ASR lawsuits pending in the United States, and about 37,000 people in the country with ASR implants, according to the Times. About 7,000 of the lawsuits have been consolidated for pre-trial procedures into a federal multidistrict litigation matter in the United States Circuit Court for the Northern District of Ohio (MDL-2197).
About THE ROTTENSTEIN LAW GROUP
The Rottenstein Law Group is a New York-based firm that represents clients nationwide in mass tort actions. The firm was founded by Rochelle Rottenstein, who has more than two decades of experience as a lawyer, to represent clients hurt by defective medical devices. (Attorney advertising. Prior results do not guarantee a similar outcome.)
The Rottenstein Law Group, LLP
Rochelle Rottenstein, Esq.
321 W. 44th Street
New York NY 10036
(212) 933-9500 (office phone)
(212) 933-9980 (facsimile)
rochelle (at) rotlaw (dot) com