DePuy knee lawsuit news

Mr. Merman was quoted on PRWeb discussing the recent DePuy knee recall and discussing the imminent litigation.  Mr. Merman (of the Merman Law Firm) explained that the DePuy LPS Diaphyseal Sleeve was not subjected to the rigorous full premarket approval that new products are required to achieve.

DePuy Knee Lawsuit – The Merman Law Firm in the News

Mr. Merman was quoted as saying “DePuy, as it did with the defective ASR hips, circumvented full FDA premarket approval by claiming its DePuy LPS Diaphyseal Sleeve (DePuy knee replacement) was substantially similar to products made decades earlier.  This is the same strategy it used to receive approval to market its defective hips that resulted in more than 10,000 law suits.”  See the full article at http://www.prweb.com/releases/2013/2/prweb9423116.htm

DePuy Knee Lawsuit – Defective Hips all over again?

Mr. Merman has experience suing DePuy for defective medical devices.  Mr. Merman is currently involved in the DePuy hip litigation in Ohio.  As he stated in his original complaint against DePuy and Johnson & Johnson in the Southern District of Texas, “The ASR devices were not subject to the rigorous premarket approval (PMA) testing and approval pursuant to 21 U.S.C. § 360(e).  Instead, DePuy Orthopaedics, Inc. and/or Johnson & Johnson, Inc. obtained approval from the FDA to market the ASR XL Acetabulum System in the United States through the 510(k) premarket notification process pursuant to 21 U.S.C. § 360(k) asserting that it was substantially equivalent to other hip replacement systems already available on the market.”

The DePuy knee recall and DePuy knee lawsuit involve a lot of similar issues.  With its DePuy LPS Diaphyseal Sleeve, DePuy claimed that the device was “substantially similar” to several products previously approved by the FDA, at least one of which was intended for use in hips.  But DePuy claimed they were so similar that they did not need to go through full and rigorous premarket approval.