U.S. Judge Transfers DePuy ASR Hip Recall Lawsuit to Ohio Federal Court, Rejecting Plaintiff’s Prejudice Argument
A federal court judge has ruled that a DePuy ASR hip recall lawsuit will remain there, rejecting a plaintiff’s contention that her case will unfairly incur unnecessary additional expenses if not remanded to South Carolina state court.
The decision made Dec. 17 by U.S. District Judge Joseph F. Anderson Jr. granted DePuy Orthopaedics Inc.’s motion for a stay pending transfer to the federal multidistrict litigation (MDL) based in Ohio, involving lawsuits filed over the company’s DePuy ASR hip replacement.
This particular DePuy ASR hip recall lawsuit was brought by Teresa S. Murphy-Pittman, who was implanted with the metal-on-metal hip replacement system in 2006 and 2007 in her left and right hips, and alleges the device was defective. As a result of the DePuy hip replacement’s early failure, Murphy-Pittman claims she will eventually have to remove both by way of risky revision surgeries.
When her DePuy hip recall lawsuit was originally filed last October, the plaintiff also sued in-state defendant Macari Medical Inc. in Richland County Court of Common Pleas. Macari was named in the case as an “independent contractor sales representative,” which, according to court documents “sold, marketed, detailed, demonstrated, delivered, and provided detailed instruction and consulting in relation to the sale and provision of the DePuy ASR hip implant system that was implanted in Plaintiff’s hip.”
Based on Judge Anderson’s ruling, this DePuy hip recall lawsuit will now join more than 7,100 similar cases pending in the U.S. District Court for the Northern District of Ohio, which are currently being overseen by U.S. District Judge David Katz.
DePuy’s motion for a stay pending transfer will avoid unnecessary spending on judicial resources, and prevent inconsistent rulings by federal courts around the U.S.
The DePuy ASR metal-on-metal hip replacement was recalled by the company in August 2010, after data revealed it to have early failure rates. The recall affected 93,000 DePuy Orthopaedics’ ASR XL Acetabular and ASR Hip Resurfacing implants, which were sold worldwide.