Parties to Nevada DePuy ASR Hip Case Dispute Mensing Preemption Applicability

LAS VEGAS — DePuy Orthopaedics Inc. has asked a Nevada federal court to allow it to file a surreply to counter what it says are new arguments raised by a DePuy ASR hip implant plaintiff in her bid to affirm the viability of claims against an in-state distributor and avoid transfer to the federal MDL.

In its Oct. 12 Motion for Leave to File, DePuy says plaintiffs Rose Monteiro and Priscilla Gordon have not only raised new arguments for the first time in an Oct. 8 reply, but “distorted” the regulatory scheme governing the hip implant devices at issue.

“If …