On April 5, 2011, a hearing in the DePuy ASR hip Multidistrict Litigation was held before the Honorable David A. Katz. The DePuy ASR hip MDL is currently pending in the United States District Court for the Western District of Ohio. Following the hearing, on April 6, 2011, Judge Katz issued three separate orders related to the litigation. They include the following: (1) an Explant Preservation Order; (2) a Case Management Order; and (3) a Stipulated Protective Order of Confidentiality.

Guidelines for Preserving Patient ASR Hip Explants

The nine-page Explant Preservation Order clearly outlines the steps that both plaintiffs and defendants must abide by in order to preserve ASR hip explants following revision surgeries. It is crucial that the established protocol is followed as the ASR hip explants and samples of surrounding tissue will likely prove to be valuable evidence regarding plaintiffs’ claims of design defects involved in the manufacturing of the ASR hip implants. In his order, Judge Katz specified that the physical evidence must be preserved and examined in a way so that there is no additional damage. In addition to the actual ASR hip explant device, hospitals must preserve synovial fluid, and/or whole blood/serum at the plaintiff’s request. The order also provides that the removed ASR hip explants be retained by the receiving party, or sent to a designated storage facility that is mutually agreed upon.

Following the DePuy ASR hip recall that was issued in August 2010, DePuy attempted to persuade orthopedic surgeons and patients to return any of the removed ASR hip explants to the company. Thus, the order issued in the DePuy ASR hip MDL is very important because it protects patients from mistakenly releasing important evidence and safeguards their legal rights.

DePuy ASR 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 hip replacement 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 DePuy ASR hip replacement injury lawyers also provide personal attention to guide you through the complex litigation process.

Published November 17, 2011 by