Last week, the U.S. Judicial Panel on Multidistrict Litigation created MDL 2197, also known as the DePuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation. The panel’s decision means that pretrial proceedings in lawsuits against DePuy and parent company Johnson & Johnson, will be consolidated in the U.S. District Court for the Northern District of Ohio. All currently pending lawsuits over DePuy ASR hip replacement systems and all future federal DePuy Hip injury cases will be transferred to U.S. District Judge David A. Katz in Toledo, Ohio.
Consolidation of the DePuy ASR hip recall cases to be supervised under Judge David A. Katz in Ohio will reduce the need for repeat discovery on similar issues brought up in cases across the country. It will also prevent inconsistent pretrial rulings that could come about with many different judges.
Once pretrial proceedings are complete, the cases not resolved by the Multidistrict Litigation (MDL) process will be sent back for trial in the courts in which they were filed. The individual plaintiffs must still establish their own claims, and damages will be awarded based on the DePuy hip replacement problems that the specific plaintiff experienced.
Experts believe that the amount DePuy will have to pay to settle the DePuy ASR hip replacement suits will well exceed the $1 billion paid by the small Swiss hip and knee replacement company Sulzer AG in 2001. The damages allegedly caused by DePuy’s metal on metal implants are considerably greater than those caused by the Sulzer implants. The Sulzer implants, at worst, required revision surgery; not only have DePuy patients suffered revision surgery, but many have also experienced toxic metal exposure, bone loss around the implant, metal shavings causing necrosis of the surrounding tissue, as well as increased risk of tumors and cancer.
Judge Katz recently supervised mass litigation against Ortho Evra birth-control patches blamed for blood clots, heart attacks and strokes experienced by hundreds of women. Like the DePuy ASR hip replacement implants, the Ortha Evra birth-control patches were also made by Johnson & Johnson.
Copyright © 2013
Parilman & Associates
2020 N. Central Suite 1100 Phoenix, ARIZONA 85004
ATTORNEY ADVERTISEMENT: Not available in all states. Joshua S. Parilman, supervising attorney is licensed only in CA and AZ, but associates with licensed attorneys as necessary throughout the country. Court costs and expenses may be the responsibility of the client. Prior results do not guarantee a similar outcome. The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials, and not rely upon advertisements or self-proclaimed expertise. Services may be performed by other lawyers and individuals within the firm. Before you decide, ask us to send you free information about our qualifications and expertise. No representation is made that the quality of the legal services performed is greater than the quality of the legal services performed by other lawyers. FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST. We are not accepting cases in states where this ad conflicts with laws or state rules.
Any medical decision is important. Please consult your physician. Please consult your physician before you discontinue the use of any medication.
Principal Office: 2020 N. Central Avenue, Suite 1100, Phoenix, AZ 85004