It seems Johnson & Johnson have tough time ahead as the fire of Hip replacement lawsuit is not going to come down. In a latest move the plaintiff has sought Delaware courts’ approval to summon Alex Gorsky, chief executive officer of DePuy’s parent company Johnson & Johnson, to get testified

The plaintiffs in a new personal injury lawsuit filed in Delaware state court against Johnson & Johnson subsidiary DePuy over the recalled ASR hip replacement device also sought the honorable courts’ approval to compel Alex Gorsky for a deposition in their case. However, the defendant has totally rubbished the appeal and asked the Court that there is no such evidence that could allow the plaintiff to call for a deposition and has opposed the motion. Saying it an unnecessary and defamatory allegation defendant has urged the court to neglect the allegations put-up by the plaintiffs.

In an attempt to persuade the honorable court for deposition of Alex Gorsky, the plaintiffs that includes thousands of people who have sued the company in the last two years since it recalled its ASR models in August 2010, have put-up a personal injury lawsuit case as there was a huge failure rate of the device in the firsthand. The plaintiffs have also argued that since Gorksy who was the then head of J&J can offer some valuable insights to the case. The plaintiffs has also argued that since he served in a decision making post he might have some deep understanding of the decisions and it would help the court solve the case.

In the personal injury petition filed by the plaintiff it was said that “Gorsky directly oversaw J&J subsidiaries (and co-defendants) DePuy Orthopedics Inc., and DePuy International Ltd., and was directly involved in decision-making concerning the DePuy ASR device at the center of this suit. As a result of Mr. Gorsky’s apparent role in decision-making on the testing, study, complaint-investigation, continued sale, and subsequent recall of the DePuy ASR device, he has relevant knowledge regarding the subject matter of this litigation, the discovery of which is reasonably calculated to lead to the discovery of admissible evidence.”

It is important to underline here that the recall for the device named as DePuy ASR was made in August 2010 after it was confirmed that the device had a high rate of hip failure first hand and the device was associated with tremendous hip pain and many other complications that compelled many patients to go for a revised hip replacement surgery.

Infact there exists a design flaw in the device that makes it pretty difficult to get this device implanted at proper position. However it is important for any metal device to get fitted and properly so as to avoid any kind of further complications and anomalies.

Now for those who want the justice to prevail will have to wait and watch what verdict the court gives and those who have been suffered will get appropriate compensation for the suffering that the device has caused.