On June 1, 2011, the third status conference was held in the federal DePuy ASR MDL. The DePuy ASR MDL is currently pending in the United States District Court for the Northern District of Ohio. The Honorable David A. Katz, who has been assigned to manage the federal DePuy ASR MDL, led the conference along with Judge Brian R. Martinotti, who is overseeing the coordinated state action in New Jersey. The joint conference was hosted by Judge Martinotti in Bergen County. The purpose of the conference was to promote coordination and increased communication between the state and federal judges handling the related litigations. Because discovery in the federal DePuy ASR MDL is further along than in the state court cases, Judge Martinotti stated that he is encouraging counsel to adopt as many of the federal DePuy ASR MDL orders as possible in order to expedite the state court litigation and avoid “reinventing the wheel.”

Document Discovery Going Forward

Following yesterday’s hearing, several new and revised orders are expected to be issued shortly. Among those are amendments to the master short form complaint and answer. Additionally, document discovery is expected to continue. Defendants have already produced certain documents and they anticipate making a second production of approximately 700,000 pages of documents in the next month. These documents will likely include financial records, complaints received by the company related to the DePuy ASR hip replacements, FDA correspondence, records of previous problems of a similar nature, internal procedures, contracts, reports on clinical studies, documents related to the DePuy ASR hip recall, advertisements and guidelines for handling adverse event reports.

In addition to the standard discovery orders, Judge Katz also discussed the importance of the preservation order and protocol involving patients’ explants. He emphasized that having a uniform protocol will ensure that explants are preserved and tested properly. He stressed that the protocol protects plaintiffs’ counsel, surgeons, hospitals and defendants.

DePuy ASR Recall Hip Replacement Lawsuit

If you or a loved one has experienced any problems as a result of a DePuy ASR hip replacement 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 ASR recall 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.

Published November 17, 2011 by