Judge William M. Skretny of the United States District Court of the Western District of New York has eliminated Tomczak & Associates as a defendant in DePuy hip lawsuits. In the order, signed on December 30, 2011, the judge determined that since the company was formed years after plaintiff Eileen Vella received her DePuy hip replacement system they could not be held responsible for problems she allegedly experienced with the hip replacement system.
Plaintiff named company in DePuy hip lawsuit
The DePuy hip lawyer for plaintiff Vella filed the original lawsuit on the 1st of March, 2010, in the Supreme Court for the State of New York, Erie County. Vella received her hip replacement system on May 3, 2000, according to the complaint, and subsequently experienced DePuy hip problems. Vella's DePuy ASR hip replacement system was subject to a later DePuy hip recall.
Tomczak & Associates was named a defendant in the original lawsuit because of its association with DePuy orthopedics. However, the company was formed three years after Vella received her hip replacement system, and therefore it was determined by the judge that they could not be held accountable for the plaintiff's DePuy hip complications.
Judge orders defendant withdrawn from DePuy ASR lawsuit
Vella's lawyers argued that Tomczak & Associates was effectively a successor to another sales firm, called Niagara Frontier Orthopedic Supplies, which did sell hip implants prior to 2000, but the judge determined that the plaintiff's counsel did not supply enough evidence linking Tomczak & Associates to Niagara Frontier to validate this claim. The judge has ordered that Tomczak and Associates be terminated as a defendant in this DePuy ASR hip recall lawsuit because of this.
A number of plaintiffs have been filing DePuy ASR lawsuits throughout the country because of the device's tendency to have a higher failure rate than normal. As a result of the unusual failure rate some DePuy hip patients have experienced adverse side effects and have decided to take legal action against DePuy.
We just hope everything will be solved on this depuy hip recall.
ReplyDeleteThey would be resolved as long as the depuy hip recall lawyers are great!
ReplyDeleteWould you agree that this hip replacement recall 2010 is really talked about.
ReplyDeleteBecause of the recalled hip replacement, many have decided to file for depuy hip lawsuit.
ReplyDeleteObviously, it was from DePuy. Considering the hundreds of DePuy ASR hip lawsuits other that that of Vella's, I guess it's pretty obvious.
ReplyDelete