South Carolina Hip Implant Plaintiff Rebuts DePuy’s Preemption Arguments

TOLEDO, Ohio — A South Carolina ASR hip recipient says in a reply brief offering further support for remand that the preemption argument raised by DePuy Orthopaedics in opposition is premature and should be left to the state court to decide.

Debra S. Sheheen offered her rebuttal arguments Nov. 4 in a reply submitted to the U.S. District Court for the Northern District of Ohio, where her claims are pending in the DePuy Orthopaedics ASR Hip Implant MDL (MDL No. 2197).

Sheheen is a South Carolina resident who initially filed her complaint in July in the Richland County (S.C.) Court …