Dean A. Goetz
San Diego Personal Injury Attorney

Burden of Proof in
DePuy Hip Implant Recall Cases

In a products liability case that does not involve a medical device, the plaintiff's burden of proof is relatively simple. Plaintiff need only prove that the defendant's product was defective. Plaintiff does not have to prove that defendant was negligent in designing the product. This standard of proof is known as "Strict Liability."

Under California law as it applies to medical devices the burden of proof is much more difficult to meet. The rules of proof are more restrictive when a plaintiff seeks compensation after being injured by a defective medical device. In the Depuy ASR™ hip implant device cases the plaintiffs must prove one of the following:

1. The defendant did not warn doctors or patients of the dangers of using the product;
2. The defendant negligently designed the product;
3. The defendant negligently failed to warn of the dangers of the product; or
4. The defendant negligently failed to recall or retrofit the product.

The difference is that the plaintiff must prove that the defendant was negligent. The fact that the product is defective is not enough to prevail as it would be in a strict liability case.

Negligence is the failure to use reasonable care and this can be difficult to prove. Plaintiffs will need to have skilled and knowledgeable attorneys to assist them in their pursuit of a just and fair recovery for the pain and suffering they have endured as a result of Depuy's actions.

Attorneys handling these Depuy cases for the plaintiffs will have to find and carefully review the evidence to prove that Depuy was negligent.

If you received an ASR hip implant and you are having hip related problems, you should call Attorney Dean Goetz today. CALL 858-481-8844.

You can speak directly with Attorney Dean Goetz and get answers without any obligation.

Do not contact DePuy Orthopaedics or Johnson & Johnson without first talking to an attorney. It's important that you know what your options are.

What Should I do if I have a DePuy ASR Hip Resurfacing System implant?

1. Call your doctor and find out if you have a DePuy ASR™ Hip Implant that was recalled.
2. If you have the Depuy ASR™ Hip Implant, Contact Dean Goetz (858-481-8844) and set up a free personal or telephone appointment to discuss your options. You will be able to talk to Attorney Dean Goetz directly. You will not be talking to a Paralegal about your case.

3. Learn More:

• DePuy Hip Implant Recall

• Depuy ASR™ Recall: Complaints And Possible Links To Cancer

• FAQ's: DePuy Hip Transplant Recall

• Burden of Proof in DePuy Hip Implant Recall Law Cases

• Information and Articles on the DePuy Hip Implant Recall

• Depuy Pinnacle hip replacement device has not been recalled.

• Depuy ASR & Depuy Pinnacle Hip Replacement Lawsuits