Pursuing Justice for Those Injured from Hip Implants

Pursuing Justice for Those Injured from Hip Implants

Searcy Denney has filed the first lawsuit in Florida state court against DePuy ASR for injuries suffered by our client as a result of DePuy’s hip implant device.

In an apparent change of strategy, DePuy chose not to remove the case to federal court; although that is the tactic they have used repeatedly in cases filed in other states.

In our development of these cases, we discovered that DePuy distributed the ASR prosthetic system through Joint Venture, a Florida corporation. As a result, Joint Venture has the same liability as DePuy and results in the lawsuit being one that is appropriately litigated in state court. However, in similar situations around the country, despite the presence of an apparent non-diverse co-defendant, DePuy has successfully used the tactic of removing those cases by claiming that the local defendant was fraudulently joined.

Maintaining our client’s case in state court provides a number of benefits to the case. It is more likely we can move the case along smoothly and, hopefully, more rapidly. In addition, many of the issues to be decided in the case will turn on Florida law; an area in which a state court judge is much more fluent.

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Florida Injury Law Firm – Searcy, Denney, Scarola, Barnhart & Shipley