Although it began in August 2010, the first DePuy hip recall trials have been scheduled. As of now, two cases, each with three plaintiffs, will go before juries in state courts in Nevada and Maryland. The Nevada trial will begin December 3, 2012, and the Maryland trial will begin sometime in January 2013. DePuy Orthopaedics, a Johnson & Johnson subsidiary, manufactured the ASR XL Acetablar System and ASR Hip Resurfacing System, two metal-on-metal hip replacements that fail at higher-than-normal rates, as determined by artificial joint registries outside the U.S. DePuy and Johnson & Johnson subsequently recalled them. Both companies now face roughly 3,700 lawsuits in federal court (as of March 2012) and hundreds more in state courts.
First MDL Bellwether Trials Yet to Be Scheduled
Most people who believe their ASR hips injured them sue DePuy in federal court and then have their cases consolidated into multidistrict litigation (MDL) for pretrial proceedings because their cases have common facts and legal questions. After the pretrial phase is over, the parties will choose a handful of plaintiffs whose cases appear typical and try them before juries in bellwether trials. These trials will help the remaining parties determine the strength of their own cases and the extent of DePuy’s liability. They can choose to go to trial themselves or seek a DePuy ASR hip settlement. The DePuy ASR MDL is in the federal District Court for the Northern District of Ohio before District Court Judge David A. Katz.
The plaintiffs in the state cases, however, fight DePuy to keep their cases out of federal court, and therefore MDL, because they believe it will take too long. In reality, though, the MDL isn’t so far behind. Judge Katz required the parties to discuss bellwether trial selection protocols and file their proposals with the court on April 27, 2012. In an open court hearing scheduled May 1, 2012, the parties will further discuss the issues, and they will work towards scheduling the first federal-level trials.
RLG Advocates for Those Injured by Metal-on-Metal Hips
The ASR MDL is progressing steadily, though everyone will watch the state court DePuy hip recall trials nonetheless. If you received a recalled DePuy hip and believe it injured you, it’s not too late to sue DePuy. The amount of compensation from a hip replacement lawsuit might be greater than what DePuy and Johnson & Johnson are willing to offer you via its recall reimbursement program. A plaintiff in a lawsuit might recover damages for full medical expenses, lost income, and damages for pain and suffering. For a free, confidential consultation with a hip replacement lawyer from the Rottenstein Law Group, click on this link or call 1-877-619-5087.
For more information on the recall, download this free DePuy ASR brochure.