Nev. Federal Court Says Distributor Properly Joined, Remands ASR Case

LAS VEGAS - A federal magistrate has ruled that a distributor of DePuy's ASR Hip Implant was not fraudulently joined to a lawsuit brought by three Nevada plaintiffs who allegedly suffered injuries as a result of the recalled device. Rundle, et al. v. DePuy Orthopaedics Inc., et al., No. 11-634 (D. Nev.).

In a July 6 decision, Magistrate Judge George Foley Jr. of the U.S. District Court in Nevada held that the plaintiffs have alleged facts that could be relied upon by a state court to find distributor Precision Instruments Inc. strictly liable for design defects in the DePuy hip …