3rd Amended Complaint Filed ‘As a Matter of Course’, Ky. Judge Rules in DePuy Hip Action

LEXINGTON, Ky. — A Kentucky federal judge has refused to strike a third amended complaint in a DePuy hip implant action, ruling that while the plaintiffs did not obtain leave before filing the pleading, the amendment was made “as a matter of course” and was therefore proper.

In a Jan. 29 order, Judge Gregory F. Van Tatenhove of the U.S. District Court for the Eastern District of Kentucky explained that the plaintiffs properly exercised their “one free shot” when they filed the third amended complaint after her first and second amendments were made with the court’s leave.

Pollyann Coblin sued …