Knee Implant Plaintiff Can Assert Strict Liability, Punitive Damage Claims Against DePuy, Ohio Judge Rules

CINCINNATI — An Ohio plaintiff may proceed with her lawsuit against DePuy Orthopaedics after a federal judge ruled June 24 that she has plausibly alleged that defects in the company’s bone cement product necessitated a premature revision of her knee implant surgery.

The ruling, issued by Judge Michael R. Barrett of the U.S. District Court for the Southern District of Ohio, also permits plaintiff Myrtle Thompson to seek punitive damages against DePuy for pleading what the judge said was “a plausible lack of compliance with the manufacturing and labeling requirements” for the FDA-approved device.

Thompson sued DePuy and parent company …