DePuy Hip Replacement Recall Lawsuit MDL
Pursuant to an order (PDF) issued Friday, all federal DePuy hip replacement recall lawsuits will be consolidated and centralized in an MDL (Multidistrict Litigation) in the U.S. District Court for the Northern District of Ohio. Although many people often confuse an MDL with a DePuy hip recall class action lawsuit, the cases do remain individual claims even though they are consolidated for pretrial litigation.
The ruling means that all lawsuits over recalled DePuy ASR hip replacement systems that are filed in any federal district court throughout the United States will be transferred to U.S. District Judge David A. Katz in Ohio for coordinated discovery and pretrial proceedings. This will reduce the need for repeat discovery on similar issues that arise in cases spread throughout the country and will also eliminate inconsistent pretrial rulings from different judges.
However, this does not mean that all cases will be litigated through one class representative. Each plaintiff must still establish their claim and individual damage awards will be based on the circumstances of each case and the DePuy hip replacement problems that plaintiff has experienced.
Although it is likely that several DePuy hip replacment lawsuits will be selected for early trials, known as bellwether cases because they are used to help gauge how juries will respond to similar evidence introduced in other cases, the outcomes of these cases will not be binding on other lawsuits that are part of the MDL.
If a DePuy ASR recall settlement agreement is not reached during pretrial proceedings, each case would ultimately be remanded back to the federal district court where it was originally filed for trial.
In evaluating the best course of action for each claim, some lawsuits may also be filed in various state courts throughout the country. Therefore, the DePuy hip replacement litigation is not one-size-fits all, and it is important for each individual who received one of these defective implants to take steps to ensure that their legal rights are protected.
DEPUY HIP REPLACEMENT LAWYERS
The lawyers at Saiontz & Kirk, P.A. are reviewing potential claims for individual who received a recalled DePuy ASR hip replacement. Lawsuits are also being reviewed for individuals who have experienced other metal-on-metal hip replacement problems with devices that have not been recalled.
DePuy Orthopaedics and Johnson & Johnson issued a DePuy ASR hip replacement recall in August 2010, after data revealed that about one out of every 8 people may have the implant fail within 5 years. At the time of the recall, about 93,000 devices were sold, and experts believe that thousands of people are going to need hip revision surgery for complications from the DePuy ASR metal-on-metal hip replacements.
>>To learn more about the litigation, review the answers to several
frequently asked questions posted by our DePuy hip replacement lawyers
If you, a friend or family member believe you may have received a DePuy ASR hip replacement or another metal-on-metal hip replacement, request a free consultation and claim evaluation.
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