Four Causes of Action Dismissed in California DePuy ASR Hip Trial, the Rottenstein Law Group Reports
On the eve of the nation’s first DePuy ASR hip replacement trial in California, the lawsuit will proceed with 10 of 14 asserted causes of action, the Rottenstein Law Group reports.
According to court documents, the allegations include the following asserted causes of action in the trial (In re: Loren Kransky and Sheryl Kransky v. DePuy, Inc., et al., BC456086, Los Angeles Superior Court): negligence; strict products liability, design defect; strict products liability, failure to warn; failure to adequately test; breach of express warranty; breach of implied warranty of merchantability; breach of implied warranty of fitness for a particular purpose; fraudulent misrepresentation; intentional misrepresentation; and negligent misrepresentation.
Also according to the court documents: The plaintiffs agreed to voluntarily dismiss “loss of consortium” as a cause of action. The court dismissed three more at the request of the defendants: strict products liability, manufacturing defect; negligent recall; and unlawful, unfair and fraudulent business practices in violation of California Business and Professions Code Section 17200, et seq.
“The fact that a majority of the causes of action remain is a good sign for the plaintiffs,” said Rochelle Rottenstein, principal of the Rottenstein Law Group. “No one who believes he or she was harmed by an ASR device should be discouraged by this development. The remaining 10 causes of action are the strong ones.”