Ohio Judge Declines to Dismiss Strict Liability Claims from DePuy Ceramic Hip Case

CINCINNATI — A federal court in Ohio has denied a request by DePuy Orthopaedics Inc. (NYSE: JNJ) to dismiss strict liability claims asserted by a plaintiff who alleges that her Articul/EZE ceramic femoral head failed due to defendants’ failure to maintain good manufacturing practices.

Judge Timothy S. Black of the U.S. District Court for the Southern District of Ohio did dismiss the plaintiff’s claim for negligent misrepresentation in his May 2 order, however, finding that claim, and similar ones, abrogated by Ohio’s Product Liability Act.

Plaintiff Christian Marcum did not contest DePuy’s argument that three other counts — negligence, …