Calif. Federal Judge Allows RICO Claim to Proceed in Hip Implant Injury Case

SAN FRANCISCO — A California federal judge has allowed the plaintiff in a DePuy hip replacement action to amend his claim for violation of the Racketeer Influenced Corrupt Organizations Act, rejecting the device manufacturer’s argument that RICO injury specifically exempts products liability cases.

In a July 23 order, Judge Phyllis J. Hamilton of the U.S. District Court for the Northern District of California said DePuy “misconstrues the controlling precedent” and allowed the plaintiff to amend his complaint to detail how DePuy allegedly conspired with his surgeon to use its hip implant while concealing the risk of early failure.

John Muldoon …