Representing a plaintiff whose hip implant case was assigned to the coordinated DePuy ASR proceedings in San Francisco Superior Court, CaseyGerry opposed a motion by manufacturer Biomet to remand claims based on alleged defects in its products to another trial court.

A successful motion on behalf of client

On behalf of the plaintiff, who alleges failures in hip devices made by both DePuy Orthopaedics Inc. and Biomet, CaseyGerry submitted opposition to Biomet’s motion to remand, saying the Plaintiff’s injury, metallosis, is indivisible between the two metal on metal hip manufacturers, as was previously addressed and rejected by a federal court in this same case.

Martin initially brought his action against the manufacturers in San Diego County Superior Court – Biomet removed the suit to the U.S. District Court for the Southern District of California.

According to CaseyGerry attorney Wendy M. Behan, the plaintiff should not have to duplicate evidence and witnesses, and present in two different proceedings, when the claim arises from one common injury: metallosis, an adverse reaction to metals in the body from metal on metal devices.

CaseyGerry won the motion on behalf of their client, so the case will remain in San Francisco.

Leading the way in hip implant litigation, CaseyGerry has filed cases against the manufacturers of, DePuy metal-on-metal ASR hip implants, and other similar systems.

“As the population ages, increasing numbers of people are getting hip implants, which can cause some complications,” Behan explains. “Metal-on-metal hip implants – devices where both the ball and socket components are made of metal — are now under scrutiny, and may not last as long as ceramic or plastic counterparts, requiring repeat surgery.”

According to Behan, metal-on metal devices which can potentially trigger metallosis, which can result in pain, limited mobility, failure of the hip joint, tumor-like growths, dissolution of the bone and chromosomal aberrations in some patients.

Symptoms may include hip/groin pain, local swelling, numbness or changes in your ability to walk. It is important that to contact your surgeon to help determine why you are experiencing any of these.

Manufacturers of recalled device include DePuy and Stryker. Patients are usually told about the type of implant they are receiving prior to the surgery. If you are uncertain about which type you have, contact the orthopedic surgeon who performed your procedure.

One of the most respected and oldest plaintiffs’ personal injury law firms in Southern California, CaseyGerry has represented individuals in high profile pharmaceutical and medical cases across the nation.

If you believe that you or a loved one may have been injured as the result of a metal on metal hip implant, please contact us for a free evaluation and case review. We will work with you to help determine the very best way to proceed. 

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