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DePuy ASR Hip Lawsuit News: Calif. Judge to Determine If Metal-On-Metal Case Will Go to Trial, Rottenstein Law Group LLP Reports
Date:9/16/2013

(PRWEB) September 16, 2013

A California man’s DePuy ASR hip lawsuit is set to be the first bellwether trial in a state court consolidation on Oct. 10, but that could change if a judge grants Johnson & Johnson, its subsidiary DePuy and related defendants a summary judgment on Sept. 13, according to court documents. The Rottenstein Law Group LLP, a metal-on-metal hip implant law firm, maintains a comprehensive DePuy ASR information page at http://www.rotlaw.com/depuy-asr-hip.

Johnson & Johnson and the other defendants filed the motion for summary adjudication with Judge Richard A. Kramer in July, and plaintiff Robert Eugene Ottman had until Aug. 30 to respond, according to court documents (Robert Eugene Ottman v. Johnson & Johnson Services Inc. et al, CGC-12-517391; Superior Court of California, County of San Francisco). Kramer oversees California’s consolidation of more than 600 ASR metal-on-metal lawsuits, according to court documents (DePuy ASR Hip System Cases, JCCP-4649, Superior Court of California, County of San Francisco).

“The defendants are asking the judge to rule in their favor on the facts and the law without the necessity of a trial,” said Rochelle Rottenstein, principal of the Rottenstein Law Group. “This is common. Ottman will oppose summary judgment in favor of the defendants, of course. Summary judgment is rarely granted, however, because the bar for proving that it is appropriate is very high.”

One of the potentially dangerous adverse side effects of the metal-on-metal DePuy ASR hip replacement device is that its components can form friction with each other, causing metal poisoning, or “metallosis,” according to a Jan. 17 FDA safety communication.* That is, small, heavy metal ions can break off into the implantee’s bloodstream and cause neurological problems and other issues.

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