Plaintiffs Aim to Depose J&J CEO in DePuy Hip Replacement Lawsuit

DePuy Hip Replacement Lawsuit

DePuy Hip Replacement Lawsuit


Eight former Johnson & Johnson executives are slated to testify in the DePuy Hip Replacement Lawsuit against DePuy Orthopedics ASR device.

The DePuy ASR is a metal-on-metal hip replacement device. Originally, DePuy claimed the devices were safer and sturdier than other hip replacement devices, which are generally made from plastic or ceramic. However, after data showed “a 5-year revision rate of approximately 12% for the ASR Hip Resurfacing System and approximately 13% for the ASR XL Acetabular System”, DePuy recalled 96,000 devices voluntarily. They orthopedics devision is now facing several personal injury lawsuits from plaintiffs suffering tissue deterioration around the device, pain from metal shavings, or metallosis.

Plaintiffs in the ASR MDL are now calling for current Johnson & Johnson CEO Alex Gorsky to testify about the device. “Gorsky directly oversaw J&J subsidiaries (and co-defendants) DePuy Orthopedics Inc. and DePuy International Ltd., and was directly involved in decision-making concerning the DePuy ASR device at the center of this DePuy Hip Replacement Lawsuit,” according to court documents. “As a result of Mr. Gorsky’s apparent role in decision-making on the testing, study, complaint-investigation, continued sale, and subsequent recall of the DePuy ASR device, he has relevant knowledge regarding the subject matter of this litigation, the discovery of which is reasonably calculated to lead to the discovery of admissible evidence.”

Johnson & Johnson called the move a “fishing expedition,” saying it’s made 43 witnesses available for deposition in the case and produced reams of documents. According to documents the medical device manufacturer submitted, Plaintiffs do not need Mr. Gorsky’s testimony to establish their case; indeed, any information he may relay can be gleaned from the dozens of witnesses with first-hand knowledge of the design, marketing and safety of the device at issue or the millions of pages of documents that defendants are producing. If plaintiffs cannot make their case from this mountain of evidence, they never will.”

Eight other executives are called to testify about the devices’ safety. Among those being called for deposition are worldwide hip development director Tom Camino; Rodrigo Diaz, manager of clinical research; DePuy Int’l. Ltd. international hip business marketing director of marketing Paul Kurring; Matt Reimink, manager of development; Mary Stewart of DePuy International Ltd.’s R&D unit; and director of biostatistics & data management Paul Voorhorst, according to court documents.

A multidistrict litigation (MDL) consisting of more than 6,000 cases against DePuy Orthopedic’s ASR hip replacement device was consolidated in the US District Court of Northern Ohio in December 2010, with the Honorable Judge David Katz presiding.

If you or a loved one have a DePuy ASR hip replacement device, and have suffered painful side effects including metal shavings in the surrounding tissue, tissue necrosis, and metallosis, you may be entitled to compensation. The personal injury attorneys at the Strom Law Firm can help. We offer free consultations to discuss the facts of your case, so call us today. 803.252.4800.

About Pete Strom

Defending criminal charges including drug crimes, DUI, CDV, mail fraud, wire fraud, bank fraud, computer crimes, money laundering, and juvenile crimes, Pete also handles Federal and State investigations. Representing individuals in Civil Matters including Class Actions, Personal Injury, Qui Tam Actions, Defective Products, Nursing Home Neglect, and Professional Licensing Defense cases. Joseph Preston “Pete” Strom, Jr., the managing partner at Strom Law Firm, L.L.C., has been fighting for justice since 1984.

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