FDAnews Device Daily Bulletin
Medical Devices / Postmarket Safety

Court Agrees to New Trial Over Negligence Claims Against DePuy

Sept. 27, 2017
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The Cook County Circuit Court will revive a 2013 lawsuit against DePuy Orthopaedics and Premier Orthopaedics Sales alleging negligence in designing a hip replacement device.

The plaintiff’s argument is centered on DePuy’s alleged failure to initiate a timely recall of its DePuy Articular Surface Replacement XL hip replacement device due to the risk of a premature failure that could potentially cause excessive wear.

The Illinois court granted a request for a new trial after it found the 2013 decision to exclude testimony from a Newcastle University orthopedic surgeon denied a fair trial. The testimony, from Dr. David J. Langton, consisted of a volumetric wear analysis of the device.

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