Design Defect, Warning Claims to Proceed in DePuy ‘Smartset’ Bone Cement Lawsuit

NEW ORLEANS — A Louisiana federal judge has refused to dismiss design defect and inadequate warning claims asserted against DePuy Orthopaedics Inc. in connection with its bone cement, finding the plaintiff has adequately alleged that defects in the product caused her to sustain damages following knee surgery.

However, in the Feb. 25 order, Judge Ivan L.R. Lemelle of the U.S. District Court for the Eastern District of Louisiana dismissed the claims of defective construction/composition and breach of express warranty, finding they were inadequately pled.

Louisiana citizen Laurie Brocato alleges that she underwent knee replacement surgery in both knees on March …