New Depuy hip replacement lawsuit
Johnson & Johnson Unit DePuy Must Face New Hip Replacement Trial
October 2, 2017
An Illinois plaintiff who filed suit against Johnson & Johnson subsidiary DePuy Orthopaedics over the company’s alleged negligence in selling defective hip replacement devices has been granted a new trial against DePuy when a judge ruled that expert testimony had been unfairly barred from a previous trial.
Carol Strum has been granted a new trial some four years after the jury in a previous trial had ruled in favor of DePuy. In the initial trial, testimony on behalf of Strum that was to have been given by orthopedic surgeon and Newcastle University research fellow David Langton had been barred. Langton’s expertise is in the field of metal-on-metal orthopedic implants.
The metal-on-metal construction of many hip replacement devices – including the DePuy Articular Surface Replacement XL that Strum had had surgically implanted – has been implicated in a wide variety and health and medical problems. Metal parts of such devices grind against each other, and can thus create small metal particulates that can enter the bloodstream to cause infection, organ damage, and, in the most serious cases, death. All such conditions are related to a toxic state called metallosis.
Strum’s suit claims that DePuy failed to warn patients and doctors of their device’s risks, even though the company was aware of them. She also claims DePuy was negligent in designing a device that was prone to failure.
Langton’s testimony had been excluded, in part, because DePuy’s witnesses disputed it, claiming that Langton’s methodology was not generally accepted by the scientific community. Yet, in the recent decision, judge Mary Dooling ruled that the testimony had been inappropriately barred, thus clearing the way for a new trial for Strum.
If you have a hip replacement device, and have suffered health and/or medical complications as a result, you may be entitled to significant financial compensation. Contact the expert attorneys at TheLawFirm.com to learn how we can help you with your lawsuit.
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