Court: Superior Court of the State of Massachusetts
Location: Massachusetts
Ticker Symbol: JNJ
In 2006 Hagens Berman Sobol Shapiro filed a claim against Johnson & Johnson subsidiary DePuy Spine Inc. after four individuals underwent procedures inserting the Charite artificial disc in the patients' spines. In each instance, the plaintiffs claim the device failed, causing serious and lasting damage.
The Charite Artificial Disc is used in back surgery to replace diseased or damaged invertebrate discs as an alternative to spinal fusion and received FDA approval in 2004.
In March 2006, DePuy filed a motion to dismiss the charges, citing claims of FDA preemption.
On April 9, 2007 a Massachusetts superior court judge denied the company's effort to dismiss four lawsuits filed by patients claiming its product, the Charite Artificial Disc, is defective.
Judge Susan Garsh ruled against DePuy's claim that the company should be protected from the legal action since the FDA approved the device, a legal defense known as preemption. To view the complete order please click here.
HBSS and Foote Myers Mielke & Flowers began investigating DePuy after the named plaintiffs came forward with evidence of severe health risks, claiming were a direct result of the Charite Artificial Disc.
HBSS filed its first case against DePuy Spine Inc. on January 19, 2006 in the Superior Court in Bristol, Mass. and has since filed cases on behalf of more than 100 plaintiffs alleging the Charite Artificial Disc is defective. To view the original complaint please click here.
If you or someone close to you has suffered ill health effects due to use of the Charite Artificial Disc, please click here or email Hagens Berman Sobol Shapiro LLP at info@hbsslaw.com .
HBSS will treat all information as confidential.
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