This DePuy Lawsuit Is One Of More Than 11,500 Lawsuits Filed Since The DePuy ASR Hip Recall Pending In Courts Throughout The U.S.
A key trial of a DePuy ASR hip lawsuit has been pushed back yet again, Wright & Schulte LLC reports. According to a court order issued on September 24th, jury selection in the case will commence within the next 90 days in “the interests of justice, judicial economy and to protect the interests of the parties in this case.” Among other things, the order states that a number of issues, including the scheduling of expert witnesses, as well as additional depositions and pretrial discovery, made it necessary to postpone the DePuy ASR trial for the second time this month. (McCracken v. DePuy, 11-dp-20485, U.S. District Court, Northern District of Ohio (Toledo))
According to court documents, the case is one of more than 8,200 DePuy ASR lawsuits pending in a federal multidistrict litigation underway in U.S. District Court, Northern District of Ohio. All of the claims were filed in the wake of the August 2010 DePuy ASR hip replacement recall, which was announced after the metal-on-metal hip implants were found to be failing prematurely in as many as 13% of the patients who received him. According to Wright & Schulte LLC, this upcoming trial is extremely important, as it could provide insight into how juries might decide similar DePuy ASR hip replacement claims. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)
According to a recent report from Bloomberg.com, Johnson & Johnson and DePuy Orthopaedics are named in some 11,500 hip lawsuits filed in courts around the country, all of which stem from the DePuy ASR hip recall. All of the lawsuits allege that that the DePuy ASR hip was defectively designed, and that patients and the medical community weren’t adequately warned of its risks. Plaintiffs further allege that the hip implant is prone to premature failure, and that metal particles released from the device can cause metallosis, pain, swelling, chromium and cobalt poisoning, and other serious complications.
So far, two DePuy ASR hip implant lawsuits have made it to trial at the state level. In March, the plaintiff in a California lawsuit prevailed and was awarded more than $8 million. (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County) However, the companies scored a victory in a second trial that concluded a month later. (Strum v. DePuy, 2011-L-9352, Circuit Court of Cook County, Illinois). According to Bloomberg, including the case scheduled for trial in the federal litigation underway in Ohio, a total of seven DePuy ASR hip lawsuits will be going before juries in the coming months. Their outcomes could have a significant impact on settlement negotiations. DePuy has reportedly discussed paying more than $3 billion to resolve the DePuy ASR hip litigation, Bloomberg.com said.
Wright & Schulte LLC is already representing numerous plaintiffs in DePuy ASR hip replacement lawsuits, and is offering free case evaluations to anyone who suffered serious complications, allegedly due to the recalled device. For more information on filing a DePuy ASR hip replacement lawsuit, or to arrange for a free legal consultation, please visit yourlegalhelp.com, or call 1-800-399-0795.
