Preliminary Discovery Underway in DePuy Multidistrict Litigation
On March 25, 2011, preliminary discovery in the federal DePuy MDL was initiated. Plaintiffs issued three separate Notices of Oral and Video Depositions of DePuy Orthopaedics, Inc. pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure. A 30(b)(6) deposition is an important discovery tool for plaintiffs because testimony obtained during this type of deposition binds the corporation. Plaintiffs notified DePuy of their intention to hold three separate 30(b)(6) depositions beginning on April 26 and concluding on April 28. According to the notices, DePuy will have to designate one or more agents to testify about the following topics: (1) retention policies; (2) electronically stored information; and (3) corporate organization.
Depuy MDL Deposition Topics Covered During the 30(b)(6) Depositions
By obtaining information about DePuy’s retention policies and their electronically stored information, plaintiffs will be better able to target their substantive discovery requests. The deposition centering on the structure of the corporate organization will similarly yield important strategic information and covers the following topics: (1) corporate structure; (2) the relationship between DePuy and its parent company, Johnson & Johnson; (3) departments involved in the manufacturing, marketing, development and sale of the ASR Hip Systems; (4) organizational charts related to DePuy; (5) individuals responsible for the manufacturing, marketing, development and sale of the ASR Hip Systems; (6) individuals involved in the recall of the DePuy ASR Hip Systems; (7) third parties involved in the sale or distribution of the ASR Hip Systems; (8) the location and storage of ASR Hip Systems that have been removed from patients and delivered to DePuy; and (9) the individuals responsible for the storage of the explanted ASR Hip Systems.
Documents to be Produced During the 30(b)(6) Deposition on Corporate Organization
In addition to identifying topics plaintiffs intend to address during the depositions, plaintiffs have also identified specific documents they would like defendants to produce. Among other things, plaintiffs have requested: (1) corporate organizational charts; (2) annual reports; (3) SEC filings; (4) license agreements; (5) trademark documents, (6) royalty agreements; (7) third party agreements related to the sale or distribution of ASR Hip Systems; and (8) documents relied on by deponents in preparing for the deposition.
DePuy Hip Replacement Lawsuit
If you or a loved one has experienced any problems as a result of a DePuy Hip Implant, you may be able to file a lawsuit seeking compensation for your medical expenses, pain and suffering, lost wages and more. Contact one of our lawyers today for a free and confidential DePuy hip lawsuit evaluation. The lawyers at Bernstein Liebhard LLP have extensive litigation experience and have recovered billions of dollars for their clients. In addition to being staunch advocates for your claim, our hip replacement injury lawyers also provide personal attention to guide you through the complex litigation process.