Depuy Asr Lawsuits Plaintiffs Gain Another Legal Victory Over Recalled Depuy Asr Hip Replacement Imp

Twice in a month, DePuy ASR lawsuits lawyers win a legal victory for ASR hip replacement cases filed by victims

. In Nevada, a judge ruled that three plaintiffs may take their legal battle with DePuy outside a complicated and snail-paced federal court procedure known as an MDL(Case No. 2:11-CV-00634-PMP-GWF). The development just came weeks after a Wisconsin judge also made the same ruling in the case of Malkmus v. DePuy Orthopaedics, Inc., et al, bearing Case No. 2:11-cv-365.

The U.S. District Judges order came as a big blow to DePuy Orthopaedics legal tactic of funneling DePuy ASR lawsuits, such as ASR hip recall cases, through what is called Multi-District Litigation (MDL). An MDL procedure is complicated and usually much longer than litigation in a state court. It has been opined by some legal experts that DePuys dogged actions in keeping cases against them in the MDL give the impression that the pharmaceutical company believes they have a better legal leverage with an MDL than with a state court. The Nevada DePuy ASR lawsuit further claims that DePuys distributors are liable in these cases. The complaint supposes that people from Precision Instruments, Inc. has a hand in the sales, education, training, and marketing efforts of the DePuy ASR hip replacement and were even present during the surgeries of all three victims in order to assist the surgeon.

In spite of the global recall of the ASR hip replacement, DePuy expressly denies that the ASR devices are faulty in any manner, according to the companys response to the Nevada lawsuit (Case No. 2:11-cv-00634-PMP-GWF). However, such statement has been countered by the victims legal team who said that 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.

For instance, victim Katherine Guys total hip replacement surgery was performed in 2006, according to the Nevada lawsuit. Three years later, doctors discovered that the ASR hip implant was ill-fitting and she necessitated another hip replacement operation as a corrective surgery. Nonetheless, Guy injuries are lifetime and continues suffering side effects from exposure to metal debris. Her complaint also claims that the metal debris were produced from the metal on metal ASR hip cup friction as they rub against each other, thereby releasing metal shavings into her system.

Two other plaintiffs listed in the Nevada case were Anneliese Rundle and Martha Bender. Both victims were fitted with the DePuy ASR Hip devices in 2009. Their case tells how Benders pains started almost immediately after the procedure. Upon a second surgery for the removal of the ASR hip, surgeons discover the presence of unusual fluid inside Benders hip, rotting tissue, and necrotic bone brought by the toxic levels of metal debris. Rundle went to suffer a long and harrowing experience brought by her ASR hip. Her doctors confirmed later that she was suffering from toxic metal on metal debris. To aggravate her condition, she still continues to battle problems with hip dislocation and may have to undergo another hip surgery.

As per DePuys report, there are tens of thousands of patients in the United States who have received ASR hip replacements implanted in their system. DePuy Orthopaedics, Inc. recalled the ASR hip replacement in August of 2010. Since the recall, orthopedic surgeons and lawyers have received alarming numbers of problems with the ASR hip replacement. Typically, the problem ranges from the loosening of the hip to the release of too much level of heavy metals into the recipients bodily system.

by: simple

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