ASR Hip Replacement Lawsuits Filed In MDL Approaching 3,000
Bernstein Liebhard LLP reports that the federal ASR hip replacement lawsuits are steadily rising, with an average of 20 new cases filed daily in the multidistrict litigation, In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation (“MDL No. 2197”).* According to a motion filed by the Plaintiffs’ Executive and Steering Committees, there are approximately 2,600 cases currently pending in the DePuy ASR MDL, which is underway in the U.S. District Court for the Northern District of Ohio. The Judicial Panel for Multi-District Litigation consolidated all federal cases arising from the DePuy ASR recall in December 2010. In addition to the federal DePuy ASR hip lawsuits, there are over 1,000 related ASR hip cases pending in state courts. Given that 37,000 Americans received the recalled ASR hip implants, this trend of increasing litigation is likely to continue. Moreover, in August 2011, the New York Times reported that the U.S. Food and Drug Administration (“FDA”) has received more than 5,000 complaints since January about metal-on-metal hip implants.** According to the New York Times, 75 percent of those complaints involved the recalled ASR XL Acetabular System and the ASR Hip Resurfacing System. The lawyers at Bernstein Liebhard LLP, who represent clients who were allegedly injured by the ASR hip implants and are actively filing cases in the DePuy ASR MDL on their behalf, are not surprised that these staggering statistics correlate to the onslaught of litigation facing Johnson & Johnson. Rather, the volume of FDA complaints coupled with the mounting litigation is indicative of widespread injuries associated with the ASR hip implants.
Discovery Progressing In Federal ASR Hip Replacement Lawsuits
Given that the DePuy ASR MDL is not yet even a year old, and the rate at which new lawsuits are being filed, plaintiffs leading the litigation are devoting substantial time and resources in order to efficiently manage these lawsuits. For instance, discovery forms have been negotiated and standardized; protocol for the production and review of electronically-stored information has been established; experts have been retained; and depositions have begun.
Since Johnson & Johnson issued its ASR hip recall in August 2010, Bernstein Liebhard LLP has provided a wealth of consumer information concerning both the Pinnacle and ASR hip systems on its website, www.consumerinjurylawyers.com. If you or a loved one received a DePuy ASR or Pinnacle implant during hip surgery and have experienced hip replacement pain or had to undergo revision surgery, you may be entitled to compensation for medical bills, pain and suffering, lost wages and other injuries.
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country for the past nine consecutive years. Only two firms in the country have been selected for the Hot List nine years in a row.
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