Bloomberg reports that the request to withdraw the suit, which was filed in Maryland state court by former dancer Moira Jackson, came just as the jury trial was to start. Court papers indicate that Associate Judge Crystal Dixon Mittelstaedt granted the plaintiff’s request.
In 2010, DePuy Orthopedics recalled its ASR Hip Resurfacing System as well as its ASR XL Acetabular System. The company cited the high failure rate for the metal on metal hips and higher than expected rates of patients requiring a second replacement procedure for the recall.
Problems with the hips may occur when the friction of the metal on metal hip replacement releases metal particles into nearby tissues and blood. The suits against J&J’s DePuy unit allege the debris from the cobalt-chromium alloy used in the devices caused serious side effects such as tissue death, bone loss, and loss of mobility.
According to Bloomberg, documents filed in the Maryland case indicate that it is likely to be refiled as part of the consolidated litigation against DePuy in federal court in Ohio. The first trial in those cases will take place in May.
If you or a loved one has been injured by a metal on metal hip replacement or an unsafe medical device, contact Sokolove Law for a free legal consultation to find out if a product liability lawyer may be able to help you.