9th Cir. Upholds Dismissal of Lawsuit Targeting DePuy Modular Hip Device

PORTLAND, Ore. — The 9th Circuit U.S. Court of Appeals has upheld dismissal of a lawsuit targeting DePuy’s modular hip device, affirming that the plaintiff failed to present evidence that the device was defectively designed or manufactured.

On March 2, the appellate panel agreed with the U.S. District Court for the District of Oregon that the plaintiff provided no evidence regarding consumer expectations other than his own subjective expectations about the longevity of the device.

Jurgen Vollrath underwent hip replacement surgery in December 2010, during which he was implanted with DePuy’s S-ROM modular hip device with a separate titanium stem, …