The Defendants
filed their summary judgment motion in San Francisco Superior Court July 26.
This was the deadline given by Judge Richard A. Kramer, who presides over the
coordinated DePuy ASR hip cases in California.
The Plaintiff
in the case is Robert Eugene Ottman. His opposition motion is due August 30.
The judge has already scheduled a hearing on dispositive motions for September
13.
In
related news, Judge Kramer has ruled that some plaintiffs who are in the
consolidated action in California can add DePuy Pinnacle hip implant claims to
their lawsuits. The ruling came as a result of a motion filed jointly by seven
plaintiffs. DePuy recalled the metal-on-metal ASR in 2010, but has not yet
recalled the metal-on-metal Pinnacle hip replacement system. All signs from the
Defendants point to no recall in sight.
The two DePuy products
have been under U.S. Food and Drug Administration scrutiny, primarily because
of one dangerous alleged side effect called “metal poisoning,” or “metallosis.”
According to the FDA, metal ions could peel off into the patient’s
bloodstream when the device’s metal parts rub together. This could lead to
potentially severe health problems such as tissue damage, necrosis and
pseudo-tumors.
Our firm is currently investigating claims for
those people who have been implanted with DePuy hip replacement devices, ASR,
Pinnacle, and all other metal-on-metal hips. If you would like a free
case evaluation, please contact Booth Samuels at toll free 1-866-515-8880 or at
booths@pittmandutton.com.
