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“Plaintiff Was Hypersensitive,” DePuy Lawsuit Defense Witness States

Posted by Sarah Showard | Apr 24, 2013 | 0 Comments

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Expert defense witness testimony in DePuy lawsuit could deal a devastating blow to the plaintiff's case.

The jury in the second DePuy hip implant lawsuit to go to trial (Carol Strum v. DePuy Orthopaedics, Inc. et al, case no. 2011-L-009352) has recently heard testimony from an expert witness for the defense alleging that:

  • The plaintiff was likely hypersensitive to a normal amount of debris shed from the DePuy ASR XL metal-on-metal hip implant.
  • The device, upon inspection after it had been removed, did not display evidence of excessive wear.
  • The plaintiff's specific physiological and biological issues, rather than the alleged defective design of the DePuy hip implant, necessitated that the implant to be removed during revision surgery.
  • The DePuy ASR XL hip implant should still be used in patients today.

This testimony could prove crippling to the plaintiff, who is contending that the defects with DePuy's metal-on-metal hip implant caused an excessive amount of metal debris to be shed in her body and ultimately required her to undergo invasive and risky revision surgery. One of the key points of the case is proving whether or not the DePuy hip implants were, in fact, defective.

Although DePuy metal-on-metal hip implants were first introduced as an innovative device that could improve mobility in patients requiring hip replacement surgery, as reports that patients with these implants required revision surgery mounted, DePuy eventually issued a voluntary recall of its ASR XL metal-on-metal hip implants in August 2010. Since then, more than 10,000 DePuy hip implant lawsuits have been filed nationwide by patients alleging serious injuries due to the defective design of these implants. Whether the jury in this case is swayed by the defense expert's testimony regarding the alleged safety of these hip implants could prove to have important repercussions for future DePuy lawsuits to go to trial.

If you or a loved one has been injured and you believe that the injuries were caused by a defective or dangerous product, contact the experienced Tucson product liability lawyers at the Showard Law Firm. For more than 20 years, we have been standing up for victims' rights and helping them win the compensation they deserve. For a free evaluation of your case and professional advice regarding the best manner in which to move forward, call us at (866) 307-2147.

About the Author

Sarah Showard

Sarah Showard graduated from the University of Maryland in 1985, Magna Cum Laude with a Bachelor of Arts in English-Linguistics and a Certification in Women's Studies. She then graduated from New York University School of Law in 1988. Sarah began practice initially as an insurance defense attorney, and has been representing plaintiffs since 1990. Sarah has a son, Benjamin, who recently graduated from The Gregory School and will attend ASU in the fall, with future plans to attend law school and eventually join Showard Law Firm. In her spare time Sarah enjoys horseback riding and spending time in Sonoita with her husband Peter.

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