STORY FROM: Drugs & Medical Devices

8th Cir. Upholds Summary Judgment Award to DePuy in Total Hip System Action

ST. LOUIS — A federal appeals court has upheld an award of summary judgment to DePuy Orthopaedics Inc. in a hip replacement action, agreeing with the lower court that the plaintiff’s causation expert failed to consider all of the possible explanations for the hip stem’s fracture.

In a July 5 opinion, the 8th Circuit U.S. Court of Appeals also agreed that many of the expert’s statements in his affidavit — which was filed after DePuy moved for summary judgment — directly contradicted statements made in his deposition.

In April 2008, Judith Redd’s left hip was replaced with DePuy’s Total Hip ...

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