MAGLIO CHRISTOPHER & TOALE, PA
Depuy ASR Hip Recall Law Firm Alliance

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LAWSUITS FILED AGAINST DEPUY BY THE HIP RECALL ALLIANCE

The DePuy ASR Hip Recall Law Firm Alliance has filed lawsuits on behalf of patients with bad DePuy ASR hip replacements in state courts across the nation. A listing of some of the lawsuits and their status, as well as selected pleadings filed in those lawsuits are listed below.

STATE

DESCRIPTION OF THE CASE LINKS TO LEGAL FILINGS AND DOCUMENTS
Washington D.C. Area,
Maryland

On September 28, 2010, filed suit in Prince George's County state court against DePuy Orthopaedics, Inc. and Chesapeake Surgical, Inc. (the ASR distributor for Northern Virginia, District of Columbia, Delaware, and Maryland) on behalf of a group of patients from Maryland and Virginia.

Trial in the first set of three cases filed is set for October of 2012. To the best of our knowledge, this is the first trial date for a failed DePuy ASR hip.

Out trial preparation in these cases is proceeding rapidly with DePuy Orthopaedics, Inc. having produced and our attorneys having reviewed over fifteen million pages of documents and depositions of DePuy Orthopaedics, Inc. and Chesapeake Surgical, Inc. employees and representatives.

Las Vegas, Nevada

Filed suit in Las Vegas, Nevada state court against DePuy Orthopaedics, Inc. and Precision Instruments, Inc. (the ASR distributor for Nevada) in Nevada state court on behalf of three patients.

DePuy attempted to force the case into the MDL. On behalf of our clients, the Alliance has strongly opposed DePuy's attempts.

After extensive briefing and two oral arguments, the Federal Magistrate Judge assigned to the case has entered a proposed Order ruling against DePuy and returning the case to state court in Las Vegas, Nevada.

On July 21, 2011, the Federal District Judge remanded the patients' case back to Nevada state court.

Click here to read the press release for more information.

Milwaukee, Wisconsin

Filed suit in Wisconsin state court on behalf of a patient with a revised DePuy ASR hip replacement that has since had to undergo a second revision surgery.

DePuy attempted to force the case into the ASR MDL. On behalf of the patient, the Alliance strongly opposed DePuy's efforts.

On June 13, 2011, a Federal Judge ruled against DePuy, returning the case to Wisconsin state court.

Click here to read the official press release for more information.

Orlando, Florida

Lawsuit filed in Osceola County, Florida state court against DePuy's distributors on behalf of a patient from Osceola County.

The patient was implanted with a DePuy ASR hip replacement in both hip joints. Both ASR hips in this patient were removed and replaced.

West Palm Beach, Florida

Filed suit in West Palm Beach, Florida state court against DePuy Orthopaedics, Inc., DePuy International Limited, Johnson & Johnson, related companies, and the distributor of the ASR for the majority of Florida, Mark DeBiase, Inc.

DePuy claimed that the distributor, Mark DeBiase, Inc. is nothing more than a delivery service for DePuy and attempted to force the case into the DePuy ASR MDL.

The Alliance is strongly fighting this attempt. The issue is fully briefed and awaiting ruling by a Federal Judge in Miami, Florida.

St. Petersburg, Florida

Filed suit in St. Petersburg, Florida state court on behalf of two patients from the Ft. Myers, Florida area against Bayside Orthopaedics, Inc., the distributor for the ASR for the West Coast of Florida.

On Jan. 19, 2012 the Court granted the motion to move the cases out of the MDL and back into Florida's State Court. Click here to read the official press release for more information.

Sarasota, Florida Filed suit in Sarasota, Florida state court on behalf of a Sarasota, Florida patient with bilateral revised ASR hip replacements against Bayside Orthopaedics, Inc., the distributor for the ASR for the West Coast of Florida.
Minneapolis, Minnesota

Filed suit in Minnesota state court against Simpson & Associates, Inc., the distributor of the ASR in Minnesota, South Dakota, and North Dakota on behalf of two patients implanted with the ASR in Minnesota and a patient implanted with the ASR in North Dakota.

The patient implanted with the ASR in North Dakota was implanted with an ASR resurfacing, a use of the ASR not approved by the FDA.

Simpson & Associates heavily promoted the ASR in its territory, winning an award for increasing sales of the ASR by 362% percent between 2007 and 2008.

New Jersey

Filed suit on behalf of 17 patients in separate cases in New Jersey state court against Johnson & Johnson, DePuy Orthopaedics, Inc., and related companies.

Jurisdiction and venue are proper in New Jersey state court as Johnson & Johnson and some of the related companies are headquartered in New Jersey.

  • Because of the number of cases represented by the Hip Recall Alliance in New Jersey, there are too many filings to include on this listing.
  • Please contact the Hip Recall Alliance at (877) 284-6600 to request copies of these documents.
Seattle, Washington Filed suit in King County state court against DePuy's distributors, Pacific Orthopaedics, Inc and A1A Inc., on behalf of a patient implanted with a DePuy ASR hip in Washington state.
Salt Lake City, Utah Filed suit in the Third Judicial District Court of Salt Lake County in Utah against DePuy Orthopaedics, Johnson & Johnson, Phippen Medical and Does 1-50 on behalf of a Utah patient with the DePuy ASR implant.
Dallas, Texas

Filed suit in Dallas, Texas state court on behalf of a patient from Northern Texas and a patient from Oklahoma against DePuy Orthopaedics, Inc. and the distributor of the ASR for Northern Texas and Oklahoma, Kelly Orthopaedic Sales, Inc.

Because the Dallas, Texas Federal District Judge did not rule on the case within several months, the case was automatically transferred to the MDL.