STORY FROM: Drugs & Medical Devices

Judge Refuses to Dismiss DePuy Knee Action, Says Question of Fact Exists As to Timeliness of Claims

RENO, Nev. — A Nevada federal judge has denied DePuy’s motion to dismiss a knee prosthesis action, ruling that questions of fact exist as to whether the discovery rule tolled the two-year statute of limitations applicable to the plaintiff’s claims.

In a March 3 order, Judge Miranda M. Du of the U.S. District Court for the District of Nevada explained that a material issue of fact exists as to whether the plaintiff knew or should have known of the facts giving rise to his claim by the date of his revision surgery on July 13, 2011.

Herman Azefor underwent left ...

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