Plaintiff Failed to Timely Serve DePuy in Prodigy Hip Replacement Action, 11th Cir. Affirms

ATLANTA — A federal appellate court has upheld an award of summary judgment to DePuy Orthopaedics Inc. in a Prodigy hip replacement system action, agreeing with the trial court that the plaintiff did not commence the action within the applicable statute of limitations period because she failed to timely serve the complaint.

On Nov. 28, the 11th Circuit U.S. Court of Appeals found the plaintiff offered no proof that she intended to commence the action prior to the running of the statute of limitations.

In March 2013, Maeola Goldthrip underwent left total hip arthroplasty with the Depuy Prodigy total hip …