Close to two years after the hip recall began, the first DePuy ASR hip trials have been scheduled. The first hip replacement lawsuit will go before a jury in Maryland state court on January 2013. The case involves three recipients of DePuy Orthopaedics’ recalled ASR hip replacements. In late July 2012, a case management conference for the federal DePuy ASR multidistrict litigation (MDL) proceeding resulted in the scheduling of the first “bellwether” trials on May 6, 2013 and July 8, 2013.
DePuy recalled the ASR XL Acetabular System and ASR Hip Resurfacing System in August 2010 after artificial joint registries outside the United States determined that they failed in patients at higher-than-normal rates. DePuy and its parent company, Johnson & Johnson, face about 4,700 DePuy ASR hip lawsuits in federal court (as of September 2012) and hundreds in state courts.
DePuy ASR MDL Bellwether Trials Scheduled
The Maryland plaintiffs fought against DePuy to keep their case out of the ASR MDL in federal court because they believed the process would take too long. MDL consolidates the pretrial proceedings of a large group of cases with common facts, legal issues, and frequently parties. The participants hold bellwether trials to help them determine the extent of the defendant’s liability. Afterward, plaintiffs decide if they want to settle their cases against the defendant or if they want to take their cases to trial themselves. The DePuy ASR MDL is located in the U.S. District Court for the Northern District of Ohio before District Court Judge David A. Katz.
On July 25, 2012, Judge Katz announced the schedule for the pretrial procedures leading up to the bellwether trials in Case Management Order 14.
- August 8, 2012 – Both plaintiffs and defendants must select four cases each to serve as bellwethers. The plaintiffs must have had their ASR revised and cannot have undergone bilateral revision of hip replacements in both hips.
- November 1, 2012 – The parties must conclude depositions of the plaintiff, the implanting surgeon, the explanting surgeon, and one fact witness per side as necessary to determine if the case’s facts are sufficient for it to serve as a bellwether for the other cases.
- December 1, 2012 –The parties must inform the court which cases they believe should serve as bellwethers. Judge Katz encouraged them to agree on the four plaintiffs.
RLG Represents Hip Replacement Recipients
Although the state court case is approaching trial sooner than any federal ones are, the number of cases in MDL has grown from 3,700 in March to 4,700 in September. If you received a recalled DePuy hip replacement and believe it injured you, it’s important to know that the amount of compensation from a DePuy hip lawsuit might exceed what the company is willing to offer you via its recall compensation program. There is still time to file a lawsuit, and it might result in a damage award for full medical costs, lost income, and pain and suffering. For a free consultation with a hip replacement lawyer from the Rottenstein Law Group, click on this link or call 1-800-624-9568.