A New York federal judge has refused to reconsider his decision to throw out claims against DePuy Orthopaedics Inc. in a patient’s suit alleging that components it manufactured for a hip implant were defective, saying the patient’s arguments are either rehashes of arguments the court already rejected, or cannot be brought up in a reconsideration.
Judge Lewis J. Liman of the U.S. District Court for the Southern District of New York rejected Jodi Rouviere’s bid to undo a summary judgment order from September that tossed her claims against DePuy, as she hasn’t put forth any new evidence or change in the law that would warrant revisiting the decision.
Rouviere alleges that she was injured after receiving a defective hip implant with parts manufactured by Howmedica and DePuy Orthopaedics, as the parts conflicted with one another and caused pieces to move out of the area they were supposed to be in, resulting in metal poisoning.
Rouviere’s motion for reconsideration had focused on her failure-to-warn claims, arguing that DePuy’s warnings about the components were insufficient, and that her surgeon, Dr. Robert Buly of the Hospital for Special Surgery in New York, would not have used them if he’d been properly warned. She had also argued that without proper warning from DePuy, Buly wasn’t able to give her a proper warning, and that meant her condition continued to deteriorate after the surgery as her doctors didn’t know to look for metal poisoning.
Judge Liman rejected all three arguments.