The Judicial Panel on Multidistrict Litigation (JPML) has determined that all the DePuy Hip Recall cases filed in federal court will be consolidated for pre-trial purposes before the Honorable Judge David A. Katz of the Northern District of Ohio. This particular forum had been requested by both counsel for plaintiffs and counsel for DePuy. Now that the MDL court has been chosen, Bernstein Liebhard LLP anticipates that thousands of additional cases will be filed.

Multi District Litigation

Multidistrict litigation is a procedure utilized in the federal court system to transfer to one federal judge all pending civil cases of a similar type filed throughout the United States. The decision whether cases should be transferred is made by a panel of seven federal judges appointed by the Chief Justice of the United States Supreme Court. The Judicial Panel on Multidistrict Litigation meets periodically to review requests that cases be consolidated for pretrial matters pursuant to 28 U.S.C. ยง 1407. Although the panel meets in different cities in the United States on a periodic basis, the Clerk of the Panel is permanently stationed in Washington, D.C.

The MDL process provides a more cost and time efficient method of dealing with multiple cases alleging similar causes of action. Rather than have multiple judges around the country deciding the same issues and often coming to different conclusions, a single court evaluates the issues that apply to all plaintiffs thereby saving court resources and assuring uniformity of rulings.

DePuy Hip Recalls

On August 26, 2010, DePuy Orthopaedics, a division of Johnson & Johnson, issued a voluntary hip replacement recall. There are a combined total of approximately 93,000 implants that are subject to the hip replacement recall. The hip replacement recall was issued after new data from a British joint replacement registry showed that approximately 1 in 8, or about 12 %-13%, of those patients who received the implants needed corrective procedures, called revision surgeries, within five years. The failure rate of the DePuy ASR products is about two to three times the industry average.

Contact a DePuy Hip Replacement Lawyer

If you or a loved one have been implanted with a DePuy ASR hip replacement product, contact one of our lawyers to help determine whether you are eligible to bring a DePuy hip replacement lawsuit.

Published November 17, 2011 by