Johnson & Johnson (J&J) CEO Alex Gorsky failed to appear for a scheduled deposition in a Maryland state court lawsuit against J&J subsidiary DePuy Orthopaedics over the company’s recalled ASR hip implants. Plaintiff Moira Jackson, just one of the thousands of implant recipients suing DePuy, has asked the court to impose sanctions on the defendants for failing to produce Mr. Gorsky for the scheduled questioning.
Ms. Jackson’s attorneys say they filed proper notice with the Court on August 22, 2012 verifying that a subpoena had been served on Mr. Gorsky demanding his appearance for the deposition at the specified date, time, and location. The defendants had previously filed a motion seeking to prevent Mr. Gorsky from having to testify; however, as of the deposition’s scheduled start time the court had not yet ruled on the motion one way or the other.
Without an actual ruling on that motion there was no excuse for Mr. Gorsky’s absence, Ms. Jackson’s attorneys contend. The defendants failed to comply with mandatory discovery demands, which delays the proceedings and warrants the imposition of sanctions.
Will CEO Gorsky Ever Testify?
Attorneys for J&J have called the demands for Gorsky’s testimony a “fishing expedition.” Plaintiffs, however, point out that Mr. Gorsky was directly involved in decision-making on the “testing, study, complaint-investigation, continued sale, and subsequent recall” of the replacement hip devices, and to be able to compel testimony they would need only show that their questioning would be “reasonably calculated to lead to the discovery of admissible evidence.”
To date, over six thousand implant recipients have filed lawsuits against DePuy in state and federal courts around the country, and thousands more could still be eligible to sue. Some 37,000 patients in the United States received the implants before the devices were recalled in 2010, and many reports have indicated that J&J knew about the devices’ defects well before the recall.
Contact RLG Now for a Free DePuy Lawsuit Evaluation
If you received a DePuy ASR hip replacement implant, you should speak to a qualified attorney as soon as possible to discuss your eligibility to file a lawsuit. Even if your implant device has not yet failed or caused you any complications, you should take this step now to protect your rights before a filing deadline is determined. The Rottenstein Law Group invites you discuss the details of your situation with one of our attorneys right away. Together, we have over 25 years of collective experience fighting large corporations and helping injured clients obtain the compensation they deserve. Our consultations are free for all prospective clients. Just fill out this form or call 1-800-624-9568.