March 20, 2012
A Salt Lake City woman wins the right to have her recalled DePuy hip lawsuit tried in Utah’s state court instead of shipping her case off to an Ohio federal court with thousands of others. It’s a groundbreaking legal decision for DePuy ASR victims in Utah and around the United States.
On March 9th a federal judge ruled that LeAnn Brimley will NOT be forced to participate in federal Multi-District Litigation (MDL 2197) proceedings for the DePuy Hip Recall. Her case (Case No. BSJ) will be heard individually in Utah’s state court.
Brimley is represented by attorneys working with the DePuy ASR Hip Recall Law Firm Alliance. This group believes the MDL works to the legal advantage of large corporations. In fact, attorneys for DePuy Orthopaedics and parent company, Johnson & Johnson fought aggressively to move this case into the federal MDL, citing that their corporate clients “could suffer a hardship” if they have to go through legal proceedings in both Utah and in the Ohio based MDL (Case No. SA Document 4).
“It’s unconscionable that these huge companies are claiming ‘hardship’ when thousands of victims just like LeAnn Brimley are living through the ‘hardship’ of enduring constant pain, surgery, and blood testing for metal poisoning; all because of the defective ASR hip implant,” says Brian Franciskato of the Nash Franciskato Law Firm, who represents Leann Brimley and dozens of other hip recall victims. “Hers is the real ‘hardship’ in this whole situation.”
Utah is the 4th state in which victims represented by attorneys from the Hip Recall Law Firm Alliance have won the right to hear their cases in state court. The other cases were in Florida (Case No. T-30EAJ), Nevada (Case No. A-11-636272-C), and Wisconsin (Case No. The decision to keep the Brimley case in Utah’s state court is a significant legal setback for DePuy and Johnson & Johnson,” says Franciskato. "But it is also a victory for victims who deserve to have their day in court.”
In August of 2010, DePuy Orthopaedics, Inc. recalled almost 90,000 ASR hip replacements. Since the recall, orthopedic doctors, victims, and attorneys have reported mounting problems with the ASR implants. These typically range from the hip loosening to metal poisoning with the release of excessive levels of chromium and cobalt into patients' bodies.
The law firms of Nash & Franciskato and Maglio Christopher & Toale, P.A., are among those forming the DePuy ASR Hip Recall Law Firm Alliance. Visit our website for more information about how to pursue your case in state court rather than through the MDL favored by DePuy and Johnson & Johnson. You can also reach us toll free at (877) 284-6600.
(The case is Leann C...Peter Griffen, Kevin Kinnersley and JP Grifco, Inc., et al, in the United States District Court for the District of Utah, Central Division. Case 2:11-cv-01142-BSJ)
For the original version on PRWeb visit: http://www.prweb.com/releases/prweb2012/3/prweb9290625.htm