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Case 3:14-cv-03302-K Document1 Filed 09/12/14 Page 1of23 PagelD 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION +s Barbra Phillips: § § Plaintiff, 8 CIVIL ACTION NO. 3:14-ev-3302 § vs. § MDL 2244 (Judge Kinkeade) 8 DEPUY ORTHOPAEDICS, INC., 5 JURY TRIAL DEMANDED DEPUY PRODUCTS, INC., DEPUY —§ INTERNATIONAL, LIMITED, § JOHNSON & JOHNSON SERVICES, § INC., JOHNSON & JOHNSON, INC. § and DOES 1-10, inclusive, § § Defendants. § PLAINTIFF’S ORIGINAL COMPLAINT Plaintiff, ST, by and through her undersigned attorneys, files this complaint against the Defendants, DEPUY ORTHOPAEDICS, INC., DEPUY PRODUCTS, INC., DEPUY INTERNATIONAL, LIMITED, JOHNSON & JOHNSON SERVIC INC., JOHNSON & JOHNSON, INC. and DOES 1-10, INCLUSIVE, alleges as follows: 1. PARTIES L. Plaintif SEMI is a citizen of the State of Texas and resides in Austin, Travis County, Texas 2. Defendant DEPUY ORTHOPAEDICS, INC. is, and at all times relevant to this, Complaint was, an Indiana Corporation with its principal place of business at 700 Orthopaedic Drive, Warsaw, Indiana 46581. Defendant DEPUY ORTHOPAEDICS, INC. is and was at all times relevant herein doing business in and/or having directed its activities at Texas, and specifically this judicial district. Defendant DePuy Orthopaedics, Inc,’s registered agent for service is CT Corporation Systems, 251 East Ohio Street, Suite 1100, Indianapolis, IN 46204. Case 3:14-cv-03302-K Document 1 Filed 09/12/14 Page 2 of 23 PagelD 2 3. At all relevant times to this Complaint, DEPUY ORTHOEPAEDICS, INC., designed, manufactured, tested, marketed, distributed and sold the metal-on-metal Pinnacle Device, eith&r directly or indirectly, to customers throughout the United States, including the Plaintiff, AAT, in the county of Durham, state of North Carolina 4, Defendant DEPUY PRODUCTS, INC. is, and at all times relevant to this Complaint was, an Indiana Corporation with its principal place of business at 700 Orthopaedic Drive, Warsaw, Indiana 46581. Defendant DEPUY PRODUCTS, INC. is and was at all times relevant herein doing business in and/or having directed its activities at Texas, and specifically this judicial district. Defendant DEPUY PRODUCTS, INC.’s registered agent for service is CT Corporation Systems, 251 East Ohio Street, Suite 1100, Indianapolis, IN 46204. 5, Atalll relevant times to this Complaint, DEPUY PRODUCTS, INC., designed, manufactured, tested, marketed, distributed-and-sold.the metal-on-metal- Pinnacle Device, either directly or indirectly, to customers throughout the United States, including the Plaintiff, mm MaMM, in the county of Durham, state of North Carolina, 6. Defendant DEPUY INTERNATIONAL, LIMITED is, and at all times relevant to this Complaint was, a subsidiary of DEPUY ORTHOPAEDICS, INC., and was a private limited company with its principal place of business at St. Anthony's Road, Beeston, Leeds, West Yorkshire UK LSI1 8D, United Kingdom. Defendant DEPUY INTERNATIONAL, LIMITED is, and was at all times relevant herein doing business in and/or having directed its activities at Texas, and specifically this judicial district, Defendant DEPUY INTERNATIONAL, LIMITED’s agent for service is located at St. Anthony’s Road, Beeston, Leeds, West Yorkshire UK LSI! 8DT. 7. Atall relevant times to this Complaint, DEPUY INTERNATIONAL, LIMITED designed, manufactured, tested, marketed, distributed and sold the metal-on-metal Pinnacle Case 3:14-cv-03302-K Document 1 Filed 09/12/14 Page 3 of 23 PagelD 3 Device, either directly or indirectly, to customers throughout the United States, including the Plaintiff, Sites in the county of Durham, state of North Carolina. 8, Defendant JOHNSON & JOHNSON SERVICES, INC. is, and at all times relevant to this Complaint yvas, a New Jersey Corporation with its principal place of business at One Johnson & Johnson Plaza, New Brunswick, New Jersey 08933, and was the parent company of DEPUY ORTHOPAEDICS, INC. Defendant JOHNSON & JOHNSON SERVICES, INC. is, and was at all times relevant herein doing business in and/or having directed its activities at ‘Texas, and specifically this judicial district, Defendant Johnson & Johnson Services, Inc.'s registered agent for service is Johnson & Johnson, One Johnson & Johnson Plaza, New Brunswick, New Jersey 08933. 9. Atal relevant times to this Complaint, Defendant JOHNSON & JOHNSON SERVICES, INC.,-as-the-parent-company_of DEPUY_ ORTHOPAEDICS, INC., designed, manufactured, tested, advertised, marketed, distributed and sold the metal-on-metal Pinnacle Device, either directly or indirectly, to customers throughout the United States including the Plaintiff, SAAT, in the county of Durham, state of North Carolina 10. Defendant JOHNSON & JOHNSON, INC. is, and at all times relevant to this Complaint was, a New Jersey Corporation with its principal place of business at One Johnson & Johnson Plaza, New Brunswick, New Jersey 08933, and was the parent company of DEPUY ORTHOPAEDICS, INC. Defendant JOHNSON & JOHNSON, INC. is and was at all times relevant herein doing business in and/or having directed its activities at Texas, and specifically this judicial district. Defendant Johnson & Johnson, Inc.'s registered agent for services is Douglas K. Chin, One Johnson & Johnson Plaza, New Brunswick, NI 08933 11, At all relevant times to this Complaint, Defendant JOHNSON & JOHNSON, INC., as the parent company of DEPUY ORTHOPAEDICS, INC., designed, manufactured, tested, advertised, marketed, distributed and sold the metal-on-metal Pinnacle Device, either 3