Bernstein Liebhard LLP reports that on October 26, 2011, the Honorable David A. Katz, who is overseeing In re DePuy Orthopaedics, Inc. Hip Implant Liability Litigation (“MDL No. 2197”), issued an order scheduling a status conference with a committee of lawyers appointed by the court to help coordinate the litigation.  The status conference is set for November 22, 2011, at 11:00 a.m. at the James M. Ashley and Thomas W.L. Ashley Courthouse in Toledo, Ohio.  Subsequently, an open court conference will commence at 1:00 p.m. that same day.*  The lawyers at Bernstein Liebhard LLP have been closely monitoring developments since the inception of the DePuy ASR MDL, which is a consolidation of all federal DePuy ASR lawsuits.

Discovery Updates In DePuy ASR Litigation Since Last Status Conference

The last status conference in the DePuy ASR MDL was held on July 26, 2011 in San Francisco, California.**  Although the DePuy ASR MDL is currently underway in the U.S. District Court for the Northern District of Ohio, the July status conference was held in California state court before the Honorable Richard A. Kramer, who is overseeing the consolidated California state court DePuy ASR litigation.  The purpose of holding a joint status conference was to promote federal and state coordination of the DePuy ASR litigation.   Since that time, a series of orders have been issued and depositions have been noticed in the federal DePuy hip replacement lawsuits.  Most notably, Judge Katz issued several Case Management Orders, requiring plaintiffs’ counsel to submit a Plaintiff Fact Sheet and Medical Records Authorization on behalf of their clients who have undergone revision surgery or are scheduled to undergo revision surgery.***  In a mass tort case, such as the DePuy ASR MDL, Plaintiff Fact Sheets are discovery tools used by defendants to obtain basic information about the plaintiff as well as specific information about the nature of plaintiff’s injuries. Plaintiffs must also produce documents that support their claims against defendants.

Additionally, the Firm reports that depositions of company representatives have been noticed.****  These early depositions, which are allowed pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, are useful discovery tools for plaintiffs because testimony obtained during these types of deposition generally binds the corporation.  In addition to the commencement of depositions, defendants have already started producing millions of pages of documents related to the DePuy ASR litigation.  Plaintiffs have begun to review these documents, which will be used as evidence against defendants.  The lawyers at Bernstein Liebhard LLP view these developments as important steps forward in the federal DePuy ASR hip litigation.

Since DePuy was forced to recall the defective ASR metal on metal hip implants in August 2010, Bernstein Liebhard LLP has provided a wealth of consumer information concerning both the Pinnacle and ASR hip systems on its website, If you or a loved one have had hip replacement surgery and have been implanted with a defective DePuy metal on metal hip, you may be entitled to compensation for medical bills, pain and suffering, lost wages and other injuries.



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For more information about filing a DePuy ASR metal on metal hip recall lawsuit, contact an attorney at Bernstein Liebhard LLP at (877) 779-1414 or at

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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Contact Information
Felecia L. Stern, Esq.
(877) 779-1414

Published October 27, 2011 by