In what was expected to be the first
DePuy ASR case to proceed to trial and was scheduled to begin this week, has
ended with a dismissal. The Plaintiffs’ claims against the DePuy and Johnson
& Johnson defendants are to be refiled in the federal multidistrict
proceeding in the U.S. District Court for the Northern District of Ohio. Some
media and news sources had reported that the case had settled, which was
incorrect. The dismissal order entered January 8 was with prejudice as to
claims against in-state defendant Chesapeake Surgical Ltd., pursuant to
stipulation, but without prejudice to claims against DePuy Orthopaedics Inc.,
and affiliates.