Wednesday, January 30, 2013

DePuy ASR Hip Recall Lawsuit Update: Judge Brings Causes of Action From 14 to 10 In California Lawsuit

Bernstein Leibhard

The first DePuy ASR hip recall trial in the nation will proceed in Los Angeles Superior Court with ten causes of action on January 22nd, 2013. The parties submitted a statement notifying the judge that four of the 14 causes of action had been dismissed or withdrawn. The remaining causes of action include:
  • Negligence
  • Design defect
  • Failure to warn
  • Failure to adequately test
  • Breaches of warranties
  • Fraudulent concealment
  • Intentional misrepresentation
  • Negligent misrepresentation.
Judge Richard A. Karmer, who presides over the coordinated DePuy ASR litigation in San Francisco Superior Court, granted DePuy’s motion to dismiss causes of action for strict products liability, manufacturing defect, negligent recall and unlawful business practices. The plaintiff voluntarily dismissed a claim for loss of consortium. Judge Karmer also returned the case to its originating Los Angeles court for trial

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